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No erosion protection on slopes

No erosion protection on slopes. Good Use of Rock Riprap, But too Little Revegetation. Culvert too small! Did not have permits!. Blading soil within channel or wetlands is considered placing a fill in waters!. Enforcement. Why Take Enforcement Action?. to remedy any harm caused

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No erosion protection on slopes

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  1. No erosion protection on slopes

  2. Good Use of Rock Riprap, But too Little Revegetation

  3. Culvert too small! Did not have permits!

  4. Blading soil within channel or wetlands is considered placing a fill in waters!

  5. Enforcement

  6. Why Take Enforcement Action? • to remedy any harm caused • deter future violations • recover economic benefit • to be fair to those who obey the law

  7. Enforcement by the Corps • Unpermitted work in waterways • Cease and Desist • Notice of Violation • Agency Coordination -identify impacts -identify methods to resolve violation • Remove, Restore, Legal Action, After-the-Fact Permit • Refer to EPA

  8. Other Enforcement • IDWR Process is Similar • Unpermitted Work in Streams • Order to Restore the Site • Notice of Violation • Civil Citation • Criminal Citation • EPA Enforcement • Which Cases Do We Take? • What Is the Process?

  9. Summary of Cases in Idaho • Size of waters affected: 0.01–2.7 acres • Environmental Harm – varies • Prior History • Recalcitrance/Degree of Cooperation • Culpability/Knowledge of Requirements • Restoration achieved in almost all cases.

  10. Violators Bulldozed a Side Channel of a River Pushed fill up on shore Removed fill and monitored plant recovery

  11. Five Elements of a Violation • a discharge of... • a pollutant... • from a point source... • into a water of the U.S.... • by a person... without a permit

  12. a discharge of...(sidecasting, bulldozing...) • a pollutant...(dirt, stream gravel...) • from a point source...(construction equipment, like a bulldozer…) • into a water of the U.S....(stream, wetland, canal...) • by a person...(individual, corporation...)

  13. What happens next: • Ask violator to develop a restoration plan • Issue a Compliance Order with plan attached • Violator restores site

  14. Channel was cut through wetlands to carry water from the Salmon River Berm used to direct flow Also put in a road in wetlands Agencies agreed it needed to be restored Violator ignored orders

  15. Cut stream widened with delay Resulting in higher cost of restoration

  16. ImmediatelyAfter Restoration

  17. Three Years Later

  18. Determining Penalty • Economic Benefit • Environmental Factors • Size of illegal activity • Harm to ecosystem • Human health impacts • Compliance Factors • Knowledge of requirements • History of violations • Recalcitrance

  19. Next Steps… • Issue a Complaint with Proposed Penalty • Issue a Press Release • Offer Settlement Talks • Violator may propose performing a Supplemental Environmental Project (SEP) • Court Date --rarely

  20. Summary of Penalties Issued • Proposed: $10,000–$80,000 • Judgments: $1,250–$1.5 million

  21. Questions about Enforcement?

  22. In a Jam? Ask Before You Act

  23. Mike Doherty US Army Corp of Engineers (208) 208-765-7237 michael.t.doherty@usace.army.mil Beth Reinhart US Army Corp of Engineers (208) 208-765-7440 mary.e.reinhart@usace.army.mil Carla Fromm US Environmental Protection Agency (208) 378-5755 fromm.carla@epa.gov Greg Taylor Idaho Department of Water Resources (208) 762-2805 greg.taylor@idwr.idaho.gov Jim Brady Idaho Department of Lands (208) 263-5104 jbrady@idl.idaho.gov Speaker Introduction

  24. Other Agencies’ Authorities

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