EPA v. ALLEN MARINE INC

Case summary

This case involves the discharge of fill material consisting of shot rock and pit run gravel below the High Tide Line (HTL) of Sitka Sound, navigable waters of the United States, without a Department of Army (DA) permit authorization. The HTL is surveyed at 12.7 feet. The unauthorized work violated the CWA Sections 301 and 404, and occurred on Respondent's property on Halibut Point Road, located adjacent to the Alaska Marine Highway System Ferry Terminal, approx. 5 miles north of Sitka, Alaska. On August 24, 2007, EPA issued Respondent an Administrative Compliance Order (Docket No. CWA-10-2007-0201) for removal of the unauthorized fill material below the HTL of Sitka Sound, preparation of an Intertidal Restoration Work Plan for EPA review and approval, and submission of a Completion Report. On March 19, 2008, EPA notifies Respondent that all requirements of the Order have been completed. EPA has reached an agreement with Respondent for civil penalties resulting from the CWA violation. EPA will be issuing a Consent Agreement and Final Order (CAFO) to resolve this matter.

Defendants (1)

• Allen Marine Inc (SB)Named in complaintNamed in settlement

Facilities (1)

• ALLEN MARINE INC

  5303 HALIBUT POINT ROAD, SITKA, AK, 99835

  Registry ID: 110028225392

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• ALLEN MARINE INCentered 2008-12-12

  Primary law: CWA

  Federal penalty: $15,300

Timeline (4 milestones)

• 2008-10-14Enforcement Action Data Entered
• 2008-12-12Final Order Issued
• 2008-12-12Complaint Filed/Proposed Order
• 2008-12-31Enforcement Action Closed