EPA settles with MO property owner in CWA violation action
While constructing a dam in March 2014, an Army Corps of Engineers inspection allegedly caught Schellert, or those working on his behalf, discharging fill material into an unnamed tributary of Belews Creek, which is classified as a water of the U.S. under the CWA. Schellert’s work allegedly was undertaken without a permit, violating Section 404 of the CWA.
This type of fill activity could have several adverse effects on the tributary and Belews Creek, including degrading watershed health, habitat loss, adjusting stream channel configuration, negatively impacting biological diversity, and limiting the movements of aquatic life and organic material. It also impacts land owners and the general public located downriver.
The terms of the settlement include a $30,000 fine, making Schellert responsible for resorting the local portion of the tributary and ensuring that he is now in compliance with the CWA. There will be a 30-day public comment period before the agreement is finalized.