Environmental News

Contact: Martin Kessler
(913) 551-7236
kessler.martin@epa.gov

FOR IMMEDIATE RELEASE

December 10, 2004

ST. LOUIS COUNTY AND MISSOURI DEVELOPER CITED FOR CLEAN WATER ACT VIOLATIONS

EPA Region 7 finalized a settlement agreement Nov. 5, 2004, with St. Louis County (the County) and J.H. Berra Construction Co., Inc., (Berra) of St. Louis for violating Section 404 of the Clean Water Act.

This violation resulted in the destruction of habitat for aquatic life along a quarter-mile stretch of an unnamed tributary of Creve Coeur Creek near Mayerling Drive in Maryland Heights, Mo.

Section 404 of the Clean Water Act (CWA) covers a permit process designed to protect natural streams for the enjoyment of all citizens. Altering natural steams or placing fill material into the streams is allowed only when other alternatives are evaluated and found to be impracticable, and a mitigation plan is implemented to restore the lost resources.

The County and Berra violated the CWA in April-May 2003 when they started placing fill material into the unnamed tributary without looking into practicable alternatives. In an effort to prevent stream bank erosion in a residential development, they decided to pipe the stream and place fill material into waters of the U.S. to support the pipe.

Practicable alternatives, such as proven bioengineered methods to stabilize the stream banks, would have prevented the destruction of natural habitat, reduced the possibility of downstream flooding, and maintained the water quality of Creve Coeur Creek.

As part of the settlement, the County and Berra agreed to perform two mitigation projects to compensate for the environmental damage they caused: an on-site project and another through the Missouri Conservation Heritage Foundation Stream Stewardship Trust Fund (Trust Fund).

The on-site mitigation plan includes the creation of habitat for aquatic life on top of the fill material and the planting of native trees and shrubs to prevent erosion. For the second project, the violators will pay $60,000 to the Trust Fund to restore and enhance damaged stream banks in the area. These two projects will greatly benefit aquatic life, flood control, and water quality.

The County and Berra will also pay a penalty of $20,000 for these violations. The terms of the settlement were effective Nov. 5, following a 40-day public notice and comment period.

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