EPA v. STILLAGUAMISH FLOOD CONTROL DISTRICT AND PLE LLC (CULVERTS & TIDES GATES REPLACEMENT) - APO (CWA 404

Case summary

On September 26, 2024, Region 10 filed two separate Consent Agreements and Final Orders resolving violations of the Clean Water Act by the Stillaguamish Flood Control District and their contractor, PLE LLC, near Stanwood, Washington. The first violation resulted from the replacement of temporary culverts and tide gates. The second violation resulted from mechanical dredging and side casting of the dredged material into adjacent wetlands of Church Creek (Jorgenson Slough), a tributary of the Stillaguamish River, which is designed Critical Habitat for Puget Sound Chinook Salmon, as well as important rearing and migration habitat for juvenile salmon species. A certain downstream reach of Church Creek is listed as a Clean Water Act Section 303(d) impaired waterbody for dissolved oxygen. The violations resulted in the discharge of dredged and fill material below the high tide line and into adjacent wetlands of Church Creek (Jorgenson Slough), which are waters of the United States, without a Clean Water Act Section 404 permit or authorization from the U.S. Army Corps of Engineers. Respondents agreed to pay a combined penalty of $38,500, and to restore riparian fish rearing habitat along the banks of Church Creek (Jorgenson Slough) under two separate EPA Administrative Orders on Consent issued on August 27, 2024. EPA?s enforcement actions will serve as deterrents against future violations of the Clean Water Act for the regulated community in Snohomish County.

Defendants (2)

• STILLAGUAMISH FLOOD CONTROL DISTRICTNamed in complaintNamed in settlement
• PLE LLCNamed in complaintNamed in settlement

Facilities (1)

• STILLAGUAMISH FLOOD CONTROL DISTRICT - CULVERT & TIDE GATES

  26206 MARINE DRIVE, STANWOOD, WA, 98292

  Registry ID: 110071666589

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• STILLAGUAMISH FLOOD CONTROL DISTRICT AND PLE LLC (CULVERTS & TIDES GATES REPLACEMENT) - APO (CWA 404entered 2024-09-26

  Primary law: CWA

  Federal penalty: $15,000

Timeline (4 milestones)

• 2024-08-13Enforcement Action Data Entered
• 2024-09-26Complaint Filed/Proposed Order
• 2024-09-26Final Order Issued
• 2024-11-29Enforcement Action Closed