EPA v. ALASKA GREENHOUSES INC

Case summary

THIS CASE INVOLVES VIOLATIONS OF SECTIONS 404 AND 301 OF THE CWA, THROUGH THE DISCHARGE OF FILL MATERIALS TO WETLANDS WITHOUT A REQUIRED SECTION 404 PERMIT FROM COE. THE DEFENDANT, ALASKA GREENHOUSES INC (AGI) IS OWNER OF A 30 ACRE TRACT OF PROPERTY IN ANCHORAGE, AK. GREENHOUSE BUILDINGS, WHICH ARE COMMERCIALLY OPERATED YEAR-ROUND ARE LOCATED ON APPROXIMATELY 1/4 OF THE PROPERTY. THE REMAINDER OF THE SITE IS LARGELY COMPOSED OF WETLANDS. CHESTER CREEK, AN ANADROMOUS FISH STREAM THAT SUPPORTS JUVENILE COHO SALMON AND RESIDENT DOLLY VARDEN, RUNS THROUGH THE PROPERTY. THE ALASKA DIST OF COE ISSUED A GENERAL PERMIT IN 4/83 THAT, AS APPLIED TO DEFENDANT'S PROPERTY, ALLOWED THE DISCHARGE OF FILL MATERIAL ONTO WETLANDS LOCATED MORE THAN 65 FEET FROM CHESTER CREEK. BETWEEN 9/83 AND 5/86, DEFENDANT PLACED FILL ALONG MORE THAN 1,000 FEET OF CHESTER CREEK, CLOSER THAN 65 FEET AND IN MANY PLACES RIGHT TO THE EDGE OF THE CREEK. THE PURPOSE OF THE FILL IS TO PROVIDE A FOOTING FOR ADDI- TIONAL GREENHOUSE BUILDINGS, AND TO EXPAND THE PORTION OF THE PROPERTY WHERE NURSERY STOCK CAN BE GROWN. IN THE VIEW OF BOTH FEDERAL AND STATE AGENCIES, DEFEN- DANT'S VIOLATIONS CAUSED AND CONTINUE TO CAUSE SIGNIFICANT ENVIRONMENTAL HARM. THE AFFECTED WETLANDS WERE VALUABLE IN THEIR OWN RIGHT, AND ALSO AS PART OF THE CHESTER CREEK ECOSYSTEM. THE WETLANDS FILTERED SEDIMENT FROM SURFACE RUN-OFF ENTERING THE CREEK; THE DETRITUS THAT THE WETLANDS PRODUCED ADDED TO THE BASE OF THE FOOD CHAIN SUPPORTING THE SALMON AND OTHER FISH SPECIES IN THE CREEK. BOTH THE U S EPA AND COE HAVE MADE NUMEROUS ATTEMPTS TO RESOLVE THIS MATTER INFORMALLY, THROUGH MEETINGS, ADMINI- STRATIVE COMPLIANCE ORDERS, AND CEASE AND DESIST ORDERS. THE DEFENDANT HAS CEASED FURTHER ILLEGAL DISCHARGES IN RESPONSE TO THESE ADMINISTRATIVE ACTIONS. HOWEVER, DEFENDANT REFUSES TO REMOVE THE UNAUTHORIZED FILL THAT IT HAS ALREADY DISCHARGED, AND WILL NOT AGREE TO PERMANENTLY CEASE FROM FURTHER DISCHARGES ALONG CHESTER CREEK. A CIVIL ACTION SHOULD BE FILED IN U S DISTRICT COURT FOR DISTRICT OF ALASKA UNDER SECTION 309 OF CWA TO PROHIBIT DEFENDANT FROM CARRYING OUT FURTHER UNAUTHORIZED DISCHARGES, TO REQUIRE DEFENDANT TO REMOVE THE ILLEGAL FILL AND RESTORE THE AFFECTED WETLANDS, AND TO ASSESS CIVIL PENALTIES FOR DEFENDANT'S VIOLATIONS.

Defendants (1)

• ALASKA GREENHOUSES INCNamed in complaint

Facilities (1)

• ALASKA GREENHOUSES INC

  1301 MULDOON RD, ANCHORAGE, AK, 99504

  Registry ID: 110024273748

Statutes cited

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

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: CWA

Timeline (9 milestones)

• 1986-05-15Enforcement Action Data Entered
• 1987-05-18Referred To Headquarters
• 1987-06-05Referred To Dept Of Justice
• 1987-07-31Referred TO U.S. Attorney
• 1987-08-05Complaint Filed With Court
• 1990-04-27Final Order Lodged
• 1990-04-27Final Order Entered
• 1990-04-27Concluded
• 1990-04-27Enforcement Action Closed