EPA v. KIRK AND JULIE WILSON

Case summary

On September 30, 2020, Region 10 filed an administrative complaint alleging violations of the Clean Water Act by Kirk Wilson (Respondent), in Tolsona Lake, near Glennallen, Alaska. EPA alleges that Respondent discharged dredged and/or fill material into waters of the United States, including wetlands that share a surface hydrological connection to Tolsona Lake, a traditional navigable water, without a permit or authorization from the U.S. Army Corps of Engineers. As a result of informal settlement conferences that followed, EPA reached a settlement for a bottom line penalty in the amount of $8,500.00, which will be included in a Consent Agreement and Final Order. In addition, Respondent has agreed to enter into an Administrative Order on Consent that requires Respondent to submit a Final Mitigation Work Plan for EPA review and approval following a scheduled Site visit by EPA. The Final Mitigation Work Plan must include, at a minimum, a plan to backfill drainage ditches constructed along the east side of the red road, install and/or replace certain culverts at the Site, and to construct a drainage ditch between the culvert outlet under the Blue Road and the shoreline of Tolsona Lake. These actions will measurably improve the hydrological functions at the Site by restoring the surface hydrological connections between the wetlands and Tolsona Lake that are currently blocked by the unauthorized Red Road and diverted into the drainage ditches.

Defendants (1)

• Kirk WilsonNamed in complaintNamed in settlement

Facilities (1)

• WILSON - KIRK AND JULIE

  TOLSONA LAKE ROAD; TRACT A TOLSONA LAKE SUBDIVISIO, GLENNALLEN, AK, 99588

  Registry ID: 110070560392

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• KIRK AND JULIE WILSONentered 2021-04-22

  Primary law: CWA

  Federal penalty: $8,500

Timeline (4 milestones)

• 2020-09-23Enforcement Action Data Entered
• 2020-09-29Complaint Filed/Proposed Order
• 2021-04-22Final Order Issued
• 2021-04-22Enforcement Action Closed