EPA v. DIECKGRAEFF, FRANK & DIECKGRAEFF, BARBAR

Case summary

JUDICIAL REFERRAL WITH VIOLATIONS INVOLVING DISCHARGES OF FILL MATERIAL TO WETLANDS WITHOUT A CWA 404 PERMIT ISSUED BY THE CORPS OF ENGINEERS. AFFECTED WETLANDS ARE LOCATED ON PROPERTY OWNED BY DEFENDANTS NEAR SEWARD, AK. WETLANDS ARE ADJACENT TO SALMON CREEK, AN ANADROMOUS FISH SPAWNING STREAM THAT CONNECTS AT SEWARD TO RESURRECTION BAY, AND FORMERLY PROVIDED IMPORTANT REARING HABITAT FOR JUVENILE COHO SALMON. DEFENDANT'S FILLING ACTIVITIES BEGAN IN EARLY 1978 AND CONTINUED INTERMITTENTLY TO NOVEMBER 1983. APPROXIMATELY 2 ACRES OF WETLANDS WERE FILLED. THE PURPOSE OF THE FILL WAS TO PROVIDE A FOUNDATION FOR A SMALL WARE- HOUSE AND OFFICE BUILDING, AND TO INCREASE THE POTENTIAL OF THE PROPERTY FOR DEVELOPMENT. DEFENDANTS CEASED DISCHARGING TO THE WETLANDS AFTER RECEIVING A 11/28/83 NOTICE FROM THE CORPS OF ENGINEERS THAT THE UNAUTHORIZED DISCHARGES TO THE WETLANDS AREAS VIOLATED THE CWA. EPA INSPECTED THE AREA 3/9/84 AND CONFIRMED THE CORP'S FINDINGS. ON 5/1/84 EPA ISSUED DEFENDANTS AN INFORMATION REQUEST AND COMPLIANCE ORDER UNDER SECTIONS 308 AND 309 OF CWA, DIRECTING DEFENDANTS TO CEASE FURTHER UNAUTHORIZED DISCHARGES TO WETLANDS AND SUPPLY EPA WITH CERTAIN INFORMA- TION REGARDING DISCHARGES. DEFENDANTS COMPLIED WITH THAT ORDER. SINCE THEN, EPA AND THE CORPS HAVE CARRIED OUT ADDITIONAL INSPECTIONS AT THE PROPERTY, HAVE DEVELOPED A WETLANDS RESTORATION PLAN FOR THE SITE, AND HAVE NEGOTIATED THE TERMS OF A CONSENT DECREE WITH THE DEFENDANTS.

Defendants (2)

• DIECKGRAEFF, BARBARANamed in complaintNamed in settlement
• DIECKGRAEFF, FRANKNamed in complaintNamed in settlement

Facilities (1)

• DIECKGRAEFF FRANK & BARBARA D

  SALMON CRK 5 MI NW OF CY, SEWARD, AK, 99664

  Registry ID: 110010623058

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• DIECKGRAEFF, FRANK & BARBARAentered 1986-03-19

  Primary law: CWA

  Federal penalty: $5,000

Timeline (8 milestones)

• 1984-03-30Enforcement Action Data Entered
• 1985-09-27Referred To Headquarters
• 1985-10-28Referred To Dept Of Justice
• 1986-03-11Complaint Filed With Court
• 1986-03-19Final Order Lodged
• 1986-03-19Final Order Entered
• 1986-03-19Concluded
• 1987-07-20Enforcement Action Closed