Company executives illegally discharged in Plum Creek, violating the Clean Water Act
The U.S. Environmental Protection Agency has issued a compliance order to Jahanbin Gandomcar and Gandomcar Properties LLC for violations of the Clean Water Act at Plum Creek near Louviers, Colo.
EPA alleges the company violated the act when dredged and fill materials were discharged into Plum Creek during the construction of an irrigation diversion and stream crossing in the summer of 2010. Gandomcar did not obtain a permit from the U.S. Army Corps of Engineers prior to performing the work.
The order requires compliance measures to correct the environmental damage resulting from company’s unauthorized activities. Respondents who fail to respond to EPA orders are subject to additional enforcement actions, including civil lawsuits filed by the U.S. Department of Justice in federal court.
The company’s actions at the creek also violate county regulations for the area. EPA and county officials are coordinating efforts to ensure that the final remedy results in compliance with both federal and county requirements.
Plum Creek flows to Chatfield Reservoir, an impoundment of the South Platte River. Placement of dredged or fill material into waters of the U.S. can have adverse impacts on fish and wildlife habitat and the plants and insects they rely on as food sources.
A Clean Water Act permit is required before performing any work that results in discharges of dredged or fill material into rivers, lakes, streams and wetlands. These alleged violations could have been avoided if company executives had obtained the appropriate permit from the Army Corps prior to discharging material into the waterway.