EPA v. GENE R CHEESEMAN AND GR CHEESEMAN CONSTRUCTION LLC - PENALTY ORDER

Case summary

On May 4, 2017, Region 10 filed a consent agreement and final order with Gene R. Cheeseman and GR Cheeseman Construction, LLC (Respondents) to resolve Clean Water Act violations in Juneau, Alaska. Respondents violated the CWA by discharging approximately 1,000 to 2,000 cubic yards of fill material into waters of the United States without authorization under Section 404 of the Act. The discharged fill covered approximately 0.3 to 0.6 acres of jurisdictional wetlands adjacent to the headwaters of Vanderbilt Creek, an impaired water body listed under Section 303(d) of the CWA. Respondents agreed to implement an EPA approved Restoration and Mitigation Work Plan to the affected sections of this important aquatic habitat, which support the rearing of salmonids, Dolly Varden char, and other aquatic species and to pay a penalty of $12,500.00.

Defendants (2)

• Gene R. CheesemanNamed in complaintNamed in settlement
• GR Cheeseman Construction LLCNamed in complaintNamed in settlement

Facilities (1)

• GR CHEESEMAN CONSTRUCTION LLC - GENE CHEESEMAN WETLAND PROPERTY

  5230 SHAUNE DRIVE, JUNEAU, AK, 99801

  Registry ID: 110064837351

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• GENE R CHEESEMAN AND GR CHEESEMAN CONSTRUCTION LLC - CONSENT AGREEMENT AND FINAL ORDERentered 2017-05-04

  Primary law: CWA

  Federal penalty: $12,500

Timeline (4 milestones)

• 2017-02-07Enforcement Action Data Entered
• 2017-05-04Complaint Filed/Proposed Order
• 2017-05-04Final Order Issued
• 2018-04-03Enforcement Action Closed