EPA v. GEORGE GABRIEL

Case summary

GEORGE GABRIEL THROUGH HIS CONSULTANT, KEN WITTY OF S.P. CRAMER & ASSOCIATES, AND HIS CONTRACTOR, DAVID TURNER DBA TURNER CONSTRUCTION, DISCHARGED FILL MATERIAL TO THE IMNAHA RIVER AND ADJACENT WETLAND PRIOR TO OBTAINING A PERMIT FROM THE U.S. ARMY CORPS OF ENGINEERS AS REQUIRED BY SECTION 404 OF THE CWA. THE IMNAHA RIVER AND ITS ADJACENT WETLANDS ARE WATERS OF THE UNITED STATES.

Defendants (5)

• Dave Turner, d/b/a Turner Excavating CompanyNamed in complaintNamed in settlement
• George Gabriel, The Pallette Ranch, a general partNamed in complaintNamed in settlement
• Ken WittyNamed in complaintNamed in settlement
• S.P. Cramer & Associates IncNamed in complaintNamed in settlement
• Ferro Labella & Zucker LLCNamed in complaint

Facilities (1)

• PALLETTE RANCH

  IMNAHA RIVER ROAD, BETWEEN RIVER MILES 41.2 & 43.2, IMNAHA, OR, 97842

  Registry ID: 110010680708

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• GEORGE GABRIEL, THE PALLETTE RANCH, DAVE TURNER DBA TURNER EXCAVATING, S.P. CRAMER & ASSO, KEN WITTYentered 2005-08-12

  Primary law: CWA

  Federal penalty: $165,000 · SEP: $50,000

Timeline (7 milestones)

• 1997-08-03Enforcement Action Data Entered
• 1998-08-21Referred To Dept Of Justice
• 2005-06-08Complaint Filed With Court
• 2005-06-08Final Order Lodged
• 2005-08-12Concluded
• 2005-08-12Final Order Entered
• 2008-09-22Supplemental Referral to DOJ for Consent Decree Enforcement-Sent