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Enforcement

Saratoga Springs Owners Association, Inc., Cross Marine Projects, Inc. Settlement Information Sheet

Denver – The U.S. Environmental Protection Agency has reached an agreement with the Saratoga Springs Owners Association, Inc. and Cross Marine Projects, Inc. (Defendants) resolving alleged unpermitted dredge and fill activities and damages to wetlands at a Utah Lake marina facility in Utah County, Utah. Under the terms of a consent decree in the Federal District Court of Utah, the Defendants will restore and enhance more than 7 acres of wetlands and pay a civil penalty of $150,000.

Overview

The Consent Decree in this matter resolves a Clean Water Act (CWA) civil judicial action against the Saratoga Springs Owners Association, Inc. and Cross Marine Projects, Inc. (collectively, Defendants) for alleged violations involving the unauthorized discharge of dredged or fill material to waters of the United States. The alleged violations occurred at a Utah Lake marina facility in Utah County, Utah.

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Violations

The Defendants allegedly discharged or controlled and directed the discharge of dredged or fill material into waters of the United States without the authorization of a permit issued by the U.S. Army Corps of Engineers (Corps), in violation of CWA Section 301. The activities occurred in Utah Lake and its adjacent wetlands. EPA asserts that, between September 2013 and February 2014, the Defendants dredged a marina access channel and discharged the resulting fill material into waters of the United States.

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Health and Environmental Effects

Discharging dredged or fill material into waters of the United States reduces the physical, chemical, and biological functions of such waterbodies. Additionally, discharging fill may alter valuable aquatic habitat and reduce the reach of waters of the United States. Utah lake and its adjacent wetlands provide important habitat for fish and wildlife. The restoration work required by the Consent Decree will help restore wetlands adjacent to Utah Lake and their physical, chemical, and biological functions.

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Injunctive Relief

The Consent Decree requires the Defendants to perform restoration and mitigation activities to remedy past alleged violations. Specifically, the Defendants will restore an approximately 0.37-acre wetland and restore surface topography there; and remove an outfall retaining structure, allowing free flow of water into the marina. Defendants will also enhance 7.0 acres of wetlands by controlling and treating an invasive plant species. Defendants will complete all work in compliance with applicable State and Federal requirements.

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Pollutant Reductions

In CWA cases involving the unauthorized discharge of dredged and fill material, EPA measures pollution reduction based on the number of acres mitigated for wetlands or the number of linear feet mitigated for streams. The injunctive relief requirements of this Consent Decree will mitigate the impacts caused by the Defendants’ alleged activities through 0.37 acres of wetlands restoration and 7.0 acres of wetlands enhancement.

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Civil Penalty

The Defendants will pay a civil penalty of $150,000 within 30 days of entry of the Consent Decree.

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Comment Period

The settlement, lodged in the U.S. District Court for the District of Utah, is subject to a 30-day public comment period and final court approval. Information on submitting comment is available at the Department of Justice website.

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Contact Information

Jeffrey Speir, Attorney-Adviser
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (Mail Code 2243A)
Washington, DC 20460
speir.jeffrey@epa.gov

Charles L. Figur, Senior Attorney
Legal Enforcement Program
U.S. Environmental Protection Agency, Region 8
1595 Wynkoop Street (8ENF-W-WO)
Denver, CO 80202
figur.charles@epa.gov

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