# NOZIK, ALBERT C., MENTOR LAGOONS, INC, MENTOR MARINAS
> **Judicial** · FY1993 · — · Final Order With Penalty
## Case
- **Activity ID:** `28298`
- **Case Number:** 05-1993-0547
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $125K
- **Cost recovery:** —
- **Compliance action $:** $400K
- **Multimedia (multi-env):** N
## Defendants
- ALBERT C. NOZIK (complaint) (settlement)
- MENTOR LAGOONS, INC. (complaint) (settlement)
- MENTOR MARINAS, INC. (complaint) (settlement)
- THEODORE J. DALHEIM (complaint) (settlement)
## Summary

NOZIK, MENTOR MARINAS, MENTOR LAGOONS DISCHARGED FILL    MAERAIL INTO NAVIGABLE WATERS AND ADJACENT WETLANDS (LAKE    ERIE), W/OUT A SECTION 404 PERMIT.  CORPORATE DEFENDANTS     WERE PLACED INTO RECEIVESHIP.  U.S. MARINAS, INC., AND       RECEIVE TED DALHEIM, CITING VIOLATIONS OF CWA AND RHA.         DEFENDANTS VIOLATED SECTIONS 301 AND 404 OF THE CWA, AND   SECTION 13 OF THE RIVERS AND HARBORS ACT (RHA), BY DISCHAR-  GING FILL MATERIAL (IN THE FORM OF SOLID WASTE DEBRIS) INTO  THE WATERS OF A MARINA ADJACENT TO LAKE ERIE WITHOUT FIRST   OBTAINING PERMITS FROM THE U.S. ARMY CORPS OF ENGINEERS.     THE PURPOSE OF THE DISCHARGES WAS TO STABILIZE THE MARINA'S  BULKHEAD AND TO PREVENT EROSION OF THE LANDWARD SIDE OF THE  BULKHEAD WALL.  DEFENDANTS ALSO VIOLATED SECTIONS 301 AND    404 OF THE CWA BY DISCHARGING FILL MATERIAL INTO TWO ONE     ACRE WETLANDS WITHOUT FIRST OBTAINING A CWA SECTION 404      PERMIT, AND VIOLATED SECTION 10 OF THE RHA BY FAILING TO     MAINTAIN THE DETERIORATING BULKHEAD WALL.  DEFENDANTS MENTOR LAGOONS, INC., AND METOR MARINAS, INC., WERE CORPORATIONS,   AND ALBERT NOZIK WAS A SHAREHOLDER AND CORPORATE OFFICER OF  BOTH CORPORATIONS.  FOLLOWING THE ISSUANCE OF ADMINISTRATIVE  ORDERS BY EPA UNDER SECION 309(A) OF THE CWA, THE FILL WAS  REMOVED FROM THE WETLANDS AND THE MARINA WATERS.  PRIOR TO   THE INITIATION OF THE FEDERAL LAWSUIT, THE OTHER SHAREHOLDER SUED IN OHIO STATE COURT TO HAVE THE CORPORATIONS PLACED     INTO RECEIVERSHIP AND THE ASSETS LIQUIDA

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