EPA v. DAVE ERLANSON SR (FF)

Case summary

Region 10 Resolves Matter Against Dave Erlanson, Sr. for CWA Violations (Elk City, ID) On June 17, 2016, EPA Region 10 filed an administrative complaint against Dave Erlanson, Sr. for suction dredge mining in the South Fork of the Clearwater River on July 22, 2015, without an National Pollutant Discharge Elimination System (NPDES) Permit. The U.S. Forest Service conducted inspections on the river and documented Mr. Erlanson?s unpermitted discharge. At the time of discharge, coverage under EPA?s Idaho Suction Dredge Mining General Permit was unavailable. The South Fork Clearwater River is on the 303(d) list as water quality limited for sediment ? a pollutant discharged through suction dredge mining activities. The South Fork Clearwater River is also designated critical habitat for steelhead trout and essential fish habitat for Chinook and Coho salmon. Although suction dredge mining activities are now authorized under an NPDES General Permit in a portion of the river, it is during one 30-day window with numerous conditions, including a limit on the number of suction dredge miners. On June 5, 2017, EPA Region 10 filed a motion for accelerated decision, arguing that a hearing was unnecessary because: (1) Mr. Erlanson was responsible for discharging pollutants to the South Fork Clearwater River without a permit; and (2) Mr. Erlanson was obligated to pay a penalty of $6,600 based on EPA?s penalty calculation pursuant to its Clean Water Act settlement penalty policy. On September 27, 2018, the administrative law judge (ALJ) issued an order/decision in response to EPA?s motion. ALJ Coughlin agreed with EPA that Mr. Erlanson was responsible for discharging pollutants without a permit and was therefore liable for a violation of the Clean Water Act. However, she denied EPA?s motion as it applied to the administrative penalty and ordered both parties to once again attempt to come to an agreement on penalty or proceed to a hearing on that issue. EPA Region 10 conducted a 2-day administrative hearing on May 14-15, 2019, in Rigby, Idaho. EPA Region 10 presented witnesses from the U.S. Forest Service, National Oceanic and Atmospheric Administration-National Marine Fisheries Service, and EPA. On October 7, 2020, ALJ Coughlin issued an initial decision assessing a penalty of $6,600, the amount sought by EPA, finding that Mr. Erlanson's actions caused adverse environmental impacts and discussing the importance of penalty in protecting the NPDES regulatory scheme. This decision was appealed by Erlanson to the Environmental Appeals Board (EAB) in November 2020. EPA filed a substantive response to Erlanson's appeal on January 8, 2021. On March 5, 2021, the EAB issued an order dismissing Erlanson?s appeal. The EAB accepted both EPA's arguments: (1) that the appeal did not comply with procedural requirements and (2) that the ALJ?s determinations regarding liability and penalty were supported by the record. Mr. Erlanson is required to pay the penalty within thirty days.

Defendants (1)

• Dave Erlanson, Sr.Named in complaintNamed in settlement

Facilities (1)

• ERLANSON SR, DAVE - SUCTION DREDGE - SOUTH FORK CLEARWATER RIVER

  SF OF THE CLEARWATER RIVER, MILE POST 39 HWY 14, ELK CITY, ID, 83525

  Registry ID: 110069227232

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• DAVE ERLANSON SR (FF)entered 2021-03-05

  Primary law: CWA

  Federal penalty: $6,600

Timeline (5 milestones)

• 2016-05-25Enforcement Action Data Entered
• 2016-06-17Complaint Filed/Proposed Order
• 2021-03-05Final Order Issued
• 2021-03-05NPDES Closed
• 2021-03-05Enforcement Action Closed