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STILLAGUAMISH FLOOD CONTROL DISTRICT AND PLE LLC (MECHANICAL DREDGING) - APO (CWA 404)

Administrative - Formal · FY2024 · — · Final Order With Penalty · 3604062686

Penalty
Cost recovery
Compliance action

Case

Case Number
10-2024-0223
Type
Administrative - Formal
Lead
EPA
Outcome
Final Order With Penalty
Multimedia
Self-disclosure
N

Defendants (2)

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.

Source

Authoritative
EPA ECHO
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