EPA v. DON BROWN AND BROWN CONSTRUCTION COMPANY INC

Case summary

On September 19, 2008, Region 10 issued a Consent Agreement and Final Order (CAFO), pursuant to the Clean Water Act to address violations by Don Brown and Brown Construction Company, Inc. At an inspection on October 29, 2004 at Brown?s sand and gravel mining facility, EPA noted that Brown had placed fill material into approximately 6.6 acres of wetlands adjacent to Two Moose Creek, a tributary of Anchor River, which is a tributary of Cook Inlet. In addition, Brown had failed to apply for industrial storm water permit coverage and was observed discharging turbid excavation-related groundwater into the creek. On April 20, 2005, EPA issued a compliance order requiring Brown to develop and implement a plan to remove the unauthorized fill, restore hydrology, restore wetland vegetation, develop a Storm Water Pollution Prevention Plan, and apply for permit coverage under the Multi-Sector General Permit for Storm Water Discharges associated with Industrial Activities. In the CAFO, Brown agrees to pay a $19,000 penalty and to complete a SEP requiring the donation of 8.4 acres of property adjacent to the creek for conservation purposes.

Defendants (2)

• Brown Construction Company Inc (SB)Named in complaintNamed in settlement
• Don BrownNamed in complaintNamed in settlement

Facilities (6)

• BROWN CONSTRUCTION COMPANY INC

  MP 160 STERLING HIGHWAY, ANCHOR POINT, AK, 99556

  Registry ID: 110020436143

• BROWN CONSTRUCTION COMPANY INC - ANCHOR POINT GRAVEL QUARRY

  BENSON ROAD, STERLING HWY MP 160, ANCHOR POINT, AK, 99556

  Registry ID: 110020436143

• BROWN CONSTRUCTION COMPANY INC - ANCHOR POINT GRAVEL QUARRY

  BENSON ROAD, STERLING HWY MP 160, ANCHOR POINT, AK, 99556

  Registry ID: 110020436143

• BROWN CONSTRUCTION COMPANY INC - ANCHOR POINT GRAVEL QUARRY

  BENSON ROAD, STERLING HWY MP 160, ANCHOR POINT, AK, 99556

  Registry ID: 110020436143

• BROWN CONSTRUCTION COMPANY INC

  MP 160 STERLING HIGHWAY, ANCHOR POINT, AK, 99556

  Registry ID: 110020436143

• BROWN CONSTRUCTION COMPANY INC

  MP 160 STERLING HIGHWAY, ANCHOR POINT, AK, 99556

  Registry ID: 110020436143

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• DON BROWN AND BROWN CONSTRUCTION COMPANY INC - CONSENT AGREEMENT AND FINAL ORDERentered 2008-09-19

  Primary law: CWA

  Federal penalty: $19,000 · SEP: $72,000

Timeline (5 milestones)

• 2008-06-24Enforcement Action Data Entered
• 2008-09-19Final Order Issued
• 2008-09-19Complaint Filed/Proposed Order
• 2017-03-15Enforcement Action Closed
• 2017-03-15NPDES Closed