EPA v. BAILEY, JANET & ORVILLE

Case summary

ORVILLE AND JANET BAILEY DISCHARGED FILL MATERIAL INTO WETLANDS ON THEIR PROPERTY ADJOINING PRIEST LAKE IN BONNER COUNTY, IDAHO, FOR THE PURPOSE OF DEVELOPING RECREATIONAL HOUSING SITES. THESE DISCHARGES TOOK PLACE DURING THE SUMMER SEASONS BETWEEN 8/81 AND 7/86 AND INVOLVED THE DISCHARGE OF APPROXIMATELY 14,000 CUBIC YARDS OF FILL MATERIAL INTO THE WETLANDS IN ISSUE. THESE DISCHARGES WERE NOT AUTHORIZED BY ANY CORPS OF ENGINEERS OR EPA PERMIT ISSUED UNDER SECTION 404 OR SECTION 402 OF THE CWA. THE FILL HAS DEGRADED AND DESTROYED VALUABLE WETLANDS WHICH ARE PART OF A UNIQUE AND RARE WETLAND ECOSYSTEM. THE PRIMARY GOAL OF THIS LITIGATION IS TO OBTAIN PERMANENT INJUNCTIVE RELIEF THAT WILL PROHIBIT DEFENDANT FROM FUTURE VIOLATIONS. EPA REGION 10 WOULD NOT BE WILLING TO ENTER INTO A SETTLEMENT THAT DID NOT CALL FOR THE TWO ELEMENTS OF INJUNCTIVE RELIEF STATED ABOVE. IF DEFENDANT AGREED TO THESE REQUIREMENTS, AN APPROPRIATE CIVIL PENALTY IN SETTLEMENT WOULD BE APPROXIMATELY $5,000. EPA AND THE CORPS HAVE MADE NUMEROUS ATTEMPTS TO RESOLVE THIS INFORMALLY. THE CORPS HAS ISSUED VIOLATION NOTICES OR CEASE AND DESIST ORDERS IN 7/84, 7/86 AND 2/87. ALTHOUGH DEFENDANTS CEASED FILLING IN SPECIFIED WETLAND AREAS, THEY CONTINUED TO FILL IN WETLAND AREAS NOT FORMALLY EVALUATED BY THE CORPS. DEFENDANTS REFUSED TO APPLY FOR PERMITS TO DISCHARGE FILL INTO WETLANDS AT ISSUE IN THIS ACTION. EPA AND THE CORPS WILL MEET WITH MR. BAILEY AT US ATTORNEY'S OFFICE IN BOISE 6/16/87 TO CONDUCT SETTLEMENT NEGOTIATIONS. MOST RECENTLY, IN 5/87 DEFENDANTS CONTACTED THE CORPS REGARDING THE FILLING OF MORE WETLAND AREAS AND DISCHARGING SECONDARY EFFLUENT INTO THE WETLANDS.

Defendants (1)

• BAILEY, ORVILLE & JANETNamed in complaintNamed in settlement

Facilities (1)

• BAILEY ORVILLE & JANET

  SAND PIPER SHORES*, PRIEST RIVER, ID, 83856

  Registry ID: 110010679729

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 404 — Permits for Dredge and Fill Material
• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• BAILEY, JANET & ORVILLEentered 1991-05-22

  Primary law: CWA

  Federal penalty: $5,000

Timeline (9 milestones)

• 1987-04-15Enforcement Action Data Entered
• 1987-07-13Referred To Headquarters
• 1987-08-12Referred To Dept Of Justice
• 1987-10-02Referred TO U.S. Attorney
• 1987-11-03Complaint Filed With Court
• 1991-05-22Final Order Lodged
• 1991-05-22Final Order Entered
• 1992-04-02Concluded
• 1992-04-02Enforcement Action Closed