EPA v. BONNEVILLE PACIFIC CORP

Case summary

THIS CASE INVOLVES A NUMBER OF SERIOUS VIOLATIONS OF THE CWA IN 1984 AND 1985 DURING CONSTRUCTION OF THREE HYDRO- ELECTRIC PROJECTS IN THE STATE OF IDAHO. THE VIOLATIONS WERE CAUSED BY SUBCONTRACTORS OF BONNEVILLE PACIFIC CORP, A UTAH CORPORATION THAT HAS AN OWNERSHIP INTEREST IN EACH OF THE PROJECTS. THE PROJECTS ARE: 1) THE FELT HYDROELECTRIC PROJECT NEAR TETONIA IN TETON COUNTY, ID; 2) THE CEDAR DRAW HYDRO- ELECTRIC PROJECT NEAR BUHL IN TWIN FALLS COUNTY, ID; 3) THE LQ-LS DRAIN HYDROELECTRIC PROJECT NEAR FILER, ALSO IN TWIN FALLS COUNTY, ID. AT EACH OF THESE PROJECTS BONNEVILLE PACIFIC THROUGH ITS SUBCONTRACTORS DISCHARGED SUBSTANTIAL AMOUNTS OF FILL MATERIAL TO WATERS OF THE US AND ADJACENT WETLANDS IN THE COURSE OF CONSTRUCTING ACCESS ROADS TO THE PROJECTS. THESE DISCHARGES WERE NOT AUTHORIZED BY ANY CORPS OF ENGINEERS' OR EPA PERMITS. THE VIOLATIONS ARE CONSIDERED SERIOUS FOR TWO REASONS. FIRST, THE DISCHARGES RESULTED IN SUBSTANTIAL ENVIRONMENTAL HARM, PARTICULARLY AT THE FELT AND LQ-LS DRAIN PROJECTS. AT THE FELT PROJECT, A TRIBUTARY TO THE TETON RIVER KNOWN AS BADGER CREEK WAS COMPLETELY FILLED FOR APPROXIMATELY 100 LINEAL FEET AS A RESSULT OF DEFENDANT'S ACTIVITIES. THIS BLOCKED THE STREAM TO ALL FISH PASSAGE. SUBSTANTIAL AMOUNTS OF BOULDERS AND DIRT WERE ALSO DISCHARGED TO THE TETON RIVER, POSSIBLY IMPAIRING THE FISH HABITAT VALUE OF THAT RIVER. THE TETON RIVER AND BADGER CREEK ARE CLASSIFIED FOR 'PRESERVATION STATUS' FOR FISHERIES BY THE IDAHO DEPT OF FISH & GAME, AND AS 'CLASS I' STREAMS, THE HIGHEST CLASSIFI- CATION POSSIBLE, BY THE US FISH AND WILDLIFE SERVICE AND BY EPA. AT THE LQ-LS DRAIN PROJECT, APPROXIMATELY 19,000 CUBIC YARDS OF ROCK AND SOIL WERE DISCHARGED TO THE SNAKE RIVER AS A RESULT OF BLASTING TO BUILD AN ACCESS ROAD. THIS DISCHARGE CREATED AN OBSTRUCTION THAT AT LOW RIVER FLOWS BLOCKED TWO-THIRDS OF THE RIVER CHANNEL. THIS SEVERELY LIMITS THE RECREATIONAL USES OF THE RIVER IN THAT AREA. EPA'S VIEW THAT THESE VIOLATIONS CAUSED SUBSTANTIAL ENVIRON- MENTAL HARM IS SHARED BY A NUMBER OF FEDERAL AND STATE AGENCIES. THE SECOND REASON THE VIOLATIONS ARE CONSIDERED SERIOUS IS THAT THEY OCCURRED REPEATEDLY, AT THREE DIFFERENT SITES, AND AFTER NOTICE OF EPA AND CORPS OF ENGINEERS PERMITTING REQUIREMENTS. BONNEVILLE PACIFIC HAS ALREADY TAKEN A NUMBER OF MEASURES TO RESTORE THE AREAS IMPACTED BY ITS VIOLATIONS. THE CORPS AND EPA, WITH ASSISTANCE FROM SEVERAL STATE OF IDAHO AGENCIES, HAVE DEVELOPED A PLAN FOR FURTHER MITIGATION MEASURES AT THE FELT AND CEDAR DRAW PROJECTS. AS FOR THE VIOLATIONS AT THE LQ-LS DRAIN PROJECT, NO MITIGATION PLAN HAS YET BEEN DEVELOPED, BUT THE FEDERAL AND STATE AGENCIES HAVE REACHED A CONSENSUS THAT MITIGATION AT THAT PROJECT MUST INCLUDE REMOVAL OF MOST OF THE DISCHARGED ROCK 'JETTY' FROM THE SNAKE RIVER. BONNEVILLE PACIFIC HAS INDICATED THAT IT IS WILLING TO CARRY OUT MOST IF NOT ALL OF THE RESTORA- TION MEASURES THAT THE AGENCIES HAVE INDICATED ARE NEEDED AT THE THREE SITES, AND THE COMPANY HAS ALREADY REMOVED SUBSTANTIALLY ALL OF THE ROCK IT DISCHARGED TO THE SNAKE RIVER. HOWEVER, TO MAKE SUCH RESTORATION MEASURES ENFORCE- ABLE, AND TO COLLECT CIVIL PENALTIES THAT EPA AND THE CORPS BELIEVE ARE APPROPRIATE DESPITE THE $250,000 ESTIMATED COST OF RESTORATION, THIS MATTER IS BEING REFERRED FOR LITIGATION.

Defendants (1)

• BONNEVILLE PACIFIC CORPNamed in complaintNamed in settlement

Facilities (3)

• BONNEVILLE PAC FELT HYDROELEC

  BADGER CRK, TETONIA, ID, 83452

  Registry ID: 110010647504

• BONNEVILLE PAC CORP LQ LS DRAI

  PIGEON CV, FILER, ID, 83328

  Registry ID: 110010647498

• BONNEVILLE PAC CEDAR DRAW HYDR

  CEDAR DRAW CRK, BUHL, ID, 83316

  Registry ID: 110010690742

Statutes cited

• CWA OTHER — Violations not covered elsewhere
• CWA 309 — Violation of Existing AO
• CWA 404 — Permits for Dredge and Fill Material
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• BONNEVILLE PACIFIC CORPentered 1987-06-11

  Primary law: CWA

  Federal penalty: $30,000

Timeline (8 milestones)

• 1986-04-29Enforcement Action Data Entered
• 1986-09-25Referred To Headquarters
• 1986-10-31Referred To Dept Of Justice
• 1987-06-02Complaint Filed With Court
• 1987-06-11Final Order Lodged
• 1987-06-11Final Order Entered
• 1987-06-11Concluded
• 1993-01-04Enforcement Action Closed