Construction Companies Fined for Violation of Clean Water Act by EPA of USA

The U.S Environmental Protection Agency (EPA) levied a penalty of USD 15,000 on two construction companies found violating the Clean Water Act at Flathead Lake in Flathead County, Montana. EPA also levied a fine of USD 10,000 on Dockmaster, Inc, a barge owner. McCrumb Construction & Marine, Inc. (McCrumb Construction) and Montana Eagle Development, LLC (MED) dumped dredged or fill material into the lake during the renovation of Lakeside Marina without obtaining a permit from the U.S. Army Corps of Engineers. While Dockmaster’s equipment and employees were contracted by McCrumb Construction, the MED owned the marina that was being renovated. According to EPA, McCrumb Construction and MED, had discharged at least 400 cubic feet of dredge or fill material from a barge into Flathead Lake. This affected the aquatic habitat and Flathead lake’s water quality.

Regulations

The Clean Water Act (CWA) establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. The basis of the CWA was enacted in 1948 and was called the Federal Water Pollution Control Act, but the Act was amended and expanded in 1972. Since further amendments in 1977, it is called the “Clean Water Act”.

Under Sections 301 and 502 of the Clean Water Act, any discharge of dredged or fill materials into "wa-ters of the United States," including wetlands, is forbidden unless permitted by the U.S. Army Corps of Engineers(USACE) pursuant to section 404. Essentially, all discharges of fill or dredged material affecting the bottom elevation of a jurisdictional water of the U.S. require a permit from USACE. These permits are an essential part of protecting wetlands, which are often filled by land developers.