# FERCOM AQUACULTURE CORPORATION, ET AL > **Judicial** · FY1990 · — · Final Order With Penalty ## Case - **Activity ID:** `43793` - **Case Number:** 07-1990-0207 - **Type:** Judicial - **Lead:** EPA - **Outcome:** Final Order With Penalty - **Penalty assessed:** $5K - **Cost recovery:** $0 - **Compliance action $:** — - **Multimedia (multi-env):** N ## Defendants - FERCOM AQUACULTURE CORPORATION (complaint) (settlement) - RILEY, FLOYD E. (complaint) (settlement) ## Summary FLOYD E. REILY IS THE PRESIDENT AND SOLE LISTED DIRECTOR OF FERCOM AQUA- CULTURE. IN DECEMBER OF 1987, THE COMPANY CONTACTED THE ARMY CORPS OF ENGINEERS, KANSAS CITY DISTRICT, CONCERNING THE PROPOSED BUILDING OF LAKES FOR CATFISH OPERATIONS. IN APRIL, 1988, THE CORPS MADE A PRELIMINARY DETERMINATION THAT A PRACTICABLE ALTERNATIVE EXISTED TO THE PROPOSED FILL, AND ON AUGUST 31, 1988, MR. RILEY WITHDREW HIS PERMIT APPLICATION RATHER THAN SUBMIT A MODIFIED PROPOSAL. IN APRIL OF 1989, THE CORPS INSPECTED THE PROPERTY AND DETERMINED THAT FILL MATERIAL HAD BEEN PLACED IN WETLANDS ADJACENT TO AND IN THE OLD CHANNEL OF THE EAST FORK LITTLE CHARITON RIVER FOR THE APPARENT PURPOSE OF CONSTRUCTING COMMERCIAL CATFISH PONDS. ON AUGUST 2, 1989, MR. RILEY WAS ORDERED TO CEASE AND DESIST UNAUTHORIZED WORK WITHIN CORPS JURISDICTION. ON SEPTEMBER 11, 1989, FERCOM FILED A COMPLAINT IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI AGAINST THE UNITED STATES OF AMERICA, THE CORPS, AND THE ENVIRONMENTAL PROTECTION AGENCY, SEEKING A DECLARATORY JUDGMENT AND AN INJUNCTION AGAINST THE GOVERNMENT'S ENFORCEMENT OF THE CLEAN WATER ACT. VISUAL OBSERVATIONS BY THE CORPS IN OCTOBER, 1989 ESTABLISHED THAT ADDITIONAL UNAUTHORIZED WORK WAS BEING PERFORMED ON THE PROPERTY. CORPS PERSONNEL OBSERVED --- *Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*