EPA v. Robert Durham Exacation, Inc. & Gerald Martens

Case summary

Region 10 Settles with Robert Durham Excavation, Inc. and Gerald Martens (Twin Falls, Idaho) for Clean Water Act Violations On March 15, 2019, Region 10 filed an expedited settlement agreement resolving violations of the Clean Water Act by Robert Durham Excavation, Inc. and Gerald Martens, located in Twin Falls, Idaho. Respondents, operators of the Elizabeth Estates construction site; failed to install and maintain Best Management Practices (BMPs), failed to update Stormwater Pollution Prevention Plan and site map, and failed to install appropriate stormwater controls prior to earth disturbing activities. Since BMPs and appropriate stormwater controls are crucial to preventing sediment, and other pollutants, from entering the Waters of the U.S. (WOTUS), the environmental benefit of this action is a reduction in the potential for a pollutant discharge to WOTUS. The Respondents agree to pay a penalty of $3,800. .

Defendants (1)

• Robert Durham Excavation, Inc. & Gerald MartensNamed in complaintNamed in settlement

Facilities (1)

• ELIZABETH ESTATES

  1854 ELIZABETH BLVD., TWIN FALLS, ID, 83301

  Registry ID: 110070232248

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Robert Durham Exacation, Inc. & Gerald Martensentered 2019-03-15

  Primary law: CWA

  Federal penalty: $3,800

Timeline (5 milestones)

• 2018-11-14Enforcement Action Data Entered
• 2019-03-15NPDES Closed
• 2019-03-15Enforcement Action Closed
• 2019-03-15Final Order Issued
• 2019-03-15Complaint Filed/Proposed Order