EPA v. WAGNER & FRAMSTAD

Case summary

RICHARD WAGNER & WAYNE FRAMSTAD ( DEFENDANTS ) JOINTLY OWN PROPERTY ADJACENT TO BIG LAKE, NEAR WASILLA, AK, ABOUT 30 MI NW OF ANCHORAGE. ABOUT 2.75 ACRES OF THAT PROPERTY, BORDERING BIG LAKE CONSISTED OF VALUABLE WETLANDS THAT SUPPORTED SHOREBIRDS, SMALL MAMMALS & COMMERCIALLY IMPORTANT SALMON FISHERIES. BEGINNING SOMETIME BETWEEN 8-78 & 9-81, DEFENDANTS BEGAN PLACING FILL MATERIAL ONTO THOSE WETLANDS. BY EARLY 1983 THE WETLANDS HAD BEEN COMPLETELY FILLED. THE PURPOSE OF THE FILL WAS TO MAKE THE LAND SUITABLE FOR SUB- DIVISION & RESIDENTIAL HOUSING. DISCHARGES OF FILL MATERIAL TO THE WETLANDS ( WATERS OF THE UNITED STATES UNDER CWA, 33 U.S.C., 1251 ET SEQ.) IS UNLAWFUL UNLESS AUTHORIZED BY PERMIT OR REGULATION OF USA-COE PURSUANT TO404 OF CWA, 33 U.S.C., 1344. DEFENDANTS HAD NEITHER APPLIED FOR NOR RECEIVED A PERMIT & NO REGULA- TORY EXEMPTION APPLIED. DEFENDANT'S VIOLATIONS OF CWA SUBJECT THEM TO INJUNCTIVE ORDERS & CIVIL PENALTIES UP TO $10,000/DAY OF VIOLATION. COE FIRST LEARNED OF DEFENDANT'S DISCHARGES TO THE WET- LANDS IN 2-83. COE IMMEDIATELY INSPECTED THE WETLANDS & ISSUED A CEASE & DESIST ORDER. AFTER SEVERAL MONTHS OF MEETING WITH DEFENDANTS, OBTAINING COMMENTS FROM OTHER AGENCIES & EVALUATING THE DAMAGE CAUSED BY THE FILL, COE CONDLUDED DEFENDANTS WOULD HAVE TO REMOVE THE FILL MATERIAL. EPA REGION 10 & OTHER FEDERAL, STATE & LOCAL AGENCIES UNANIMOUSLY SUPPORT COE'S POSITION. DEFENDANTS HAVE STEADFASTLY REFUSED TO REMOVE THE FILL MATERIAL FROM THE WETLANDS. THEY CONTEND THE FILL WAS PLACED BEFORE THE WETLANDS WERE UNDER THE REGULATORY PROGRAM OF COE, RESTORATION IS NOT LIKELY TO SUCCEED PRACTICALLY, & TOTAL REMOVAL OF FILL IS BEYOND THEIR ECONOMIC CAPABILITY.

Defendants (2)

• FRAMSTAD, WAYNENamed in complaintNamed in settlement
• WAGNER, RICHARDNamed in complaintNamed in settlement

Facilities (1)

• WAGNER RICHARD & WAYNE FRAMST

  BIG LK ADJ TO, WASILLA, AK, 99687

  Registry ID: 110010647577

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material
• CWA 309 — Violation of Existing AO
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• WAGNER & FRAMSTADentered 1989-04-25

  Primary law: CWA

  Federal penalty: $25,000

Timeline (9 milestones)

• 1984-03-30Enforcement Action Data Entered
• 1984-08-20Referred To Headquarters
• 1984-09-25Referred To Dept Of Justice
• 1984-11-06Referred TO U.S. Attorney
• 1984-12-07Complaint Filed With Court
• 1989-04-25Final Order Lodged
• 1989-04-25Final Order Entered
• 1989-04-25Concluded
• 1992-06-03Enforcement Action Closed