EPA v. OREGON COAST SCENIC RAILROAD

Case summary

EPA alleges that Respondent violated Clean Water Act Section 301(a) (33 U.S.C. ? 1311(a)) by placing over 1,000 cubic yards of fill material consisting of riprap, fine gravels and native on-site materials below the ordinary high-water mark of the Salmonberry River. This work was done without a Department of the Army Clean Water Act Section 404 permit (33 U.S.C. ? 1344). Respondent has also agreed to develop and implement a riparian enhancement plan for areas along the Nehalem River. This action is being simultaneously commenced and concluded in a Consent Agreement and Final Order. Under the proposed Consent Agreement and Final Order, Oregon Coast Scenic Railroad will pay a civil penalty of $5,000.

Defendants (1)

• OREGON COAST SCENIC RAILROADNamed in complaintNamed in settlement

Facilities (1)

• OREGON COAST SCENIC RAILROAD

  402 AMERICAN AVE, GARIBALDI, OR, 97118

  Registry ID: 110060351676

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• OREGON COAST SCENIC RAILROADentered 2020-03-02

  Primary law: CWA

  Federal penalty: $5,000

Timeline (4 milestones)

• 2020-01-28Enforcement Action Data Entered
• 2020-03-02Final Order Issued
• 2020-03-02Complaint Filed/Proposed Order
• 2020-04-23Enforcement Action Closed