In a period of time when taxpayers are skeptical of environmental rules and sometimes concenred about appointed and elected officials, notices like this are discouraging. The primary respondent happens to be the Lt. Governor of the State of Idaho and according to the EPA this is the 3rd violation.
Action: Proposed Penalty Assessment under Clean Water Act
Description of Violation and Relief Sought: Pursuant to Section 309(g)(4) of the Clean Water Act, the Environmental Protection Agency, Region 10 (''EPA'') is providing public notice of the proposed penalty described below. In order to provide opportunity for public comment, EPA will not take final action in this proceeding prior to 30 days after issuance of this notice.
EPA Region 10 has commenced an administrative penalty action against Mr. C.L. ''Butch'' Otter and Charles Robnett (''Respondents'') for violations of the Clean Water Act (''CWA''). The complaint alleges that Respondents violated Section 301(a) of the Clean Water Act, 33 U.S.C. § 1311 (a) beginning on or about November 9 - 17, 1998, by discharging dredged and/or fill material to 2.7 acres of wetlands adjacent to the Boise River on Mr. Otter's property located in Star, Idaho, without authorization of a permit under Section 404 of the CWA, 33 U.S.C. § 1344. EPA is proposing the assessment of a penalty of $80,000.
Persons wishing to comment on EPA's proposed action or to become participants in this action may do so by submitting their address and telephone number, along with written comments, to the Regional Hearing Clerk at the address above within 30 days of the date of this notice. This is a Class II administrative proceeding, governed by Section 309(g)(2)(a) of the Act, and Subpart I of the proposed procedural rules published at 63 Fed. Reg. 9464-94 (February 25, 1998) (''CROP Rules''). The requirements that apply to public comment and participation are set forth in Section 22.45 of the CROP Rules.
IN THE MATTER OF: C.L. ''Butch'' Otter and Charles Robnett
Docket Number of the Complaint:
CWA-10-99-0202
Name and address of Complainant:
Chuck Clarke, Administrator
U.S. Environmental Protection Agency
Region 10 (ECO-083)
1200 Sixth Avenue
Seattle, Washington 98101
Name and address of Respondents:
Mr. C.L. ''Butch'' Otter
c/o John E. Sutton, Esq.
J.E. Sutton and Associates
420 West Idaho Street
Boise, Idaho 83701
Mr. Charles Robnett
Robnett Equipment
19845 Franklin Road
Nampa, Idaho 83687
Name, address, and telephone number of Regional Hearing Clerk:
Mary Shillcutt, Regional Hearing Clerk
U.S. Environmental Protection Agency
Region 10 (ORC-158)
1200 Sixth Avenue
Seattle, Washington 98101
(206) 553-2429
Location of Facility:
Star, Ada County, Idaho
Applicable Permit No.:
None
Business/activity of respondent:
Public Official and Excavation Contractor
Date Complaint Filed:
September 7, 1999
Copies of the complaint are available for review and copying between the hours of 8:30 a.m. and 4:00 p.m., Monday through Friday, at EPA's Idaho Operations Office and Seattle Regional Office at the following addresses:
Mark Ryan
EPA-Idaho Operations Office
1435 N. Orchard Street
Boise, Idaho 83706
Mary Shillcutt, Regional Hearing Clerk
EPA-Region 10 (ORC-158)
1200 Sixth Avenue
Seattle, Washington 98101
An Adobe Acrobat PDF version of the complaint is available for downloading and printing here.
For additional information on the Clean Water Act violations at issue in this action, please contact Mark Ryan, Assistant Regional Counsel, at EPA's Boise Office at (208) 378-5768.
Unit: Office of Water
For more information contact: Mark Ryan
E-Mail: ryan.marl@epa.gov
Phone Number: (208) 378-5768
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