ELR Citation: ELR 20536
No(s). 88-00450-01 (E.D. Pa. Mar 5, 1991)

The court upholds a three-year prison sentence and $200,000 fine against an individual that filled wetlands without a Federal Water Pollution Control Act (FWPCA) §404 permit. The Corps of Engineers notified the defendant that his property contained wetlands and that filling was illegal without a permit. Despite repeated warnings, the defendant continued to have truckloads of fill material dumped onto his property. The court notes that the maximum penalty under FWPCA §309(c)(2) for the defendant's 40 separate violations is $2 million. The court also notes that the fine and imprisonment are necessary to deter the defendant and others from future violations.

[A subsequent 3d Circuit decision is published at 22 ELR 20353.]

Counsel for Plaintiff
Christopher R. Hall, Ass't U.S. Attorney
3310 U.S. Courthouse, 601 Market St., Philadelphia PA 19106
(215) 597-2556

Counsel for Defendant
Paul D. Kamenar
Washington Legal Foundation
1705 N St. NW, Washington DC 20036
(202) 857-0240