Posted March 19, 2014
Andy Johnson, a Wyoming welder, is facing up to $75,000 per day in fines by the U.S. Environmental Protection Agency (EPA) for building a pond on his property, according to a Fox News article available here. KXLO also reported on the story here.
Johnson says he followed the state rules for a stock pond when he built it in 2012. A letter from the Wyoming State Engineer’s Office stated, “Said permit is in good standing and is entitled to be exercised as permitted.”
The EPA, however, says that Johnson violated the Clean Water Act by building a dam on a creek without a permit from the Army Corps of Engineers. EPA also says that material from Johnson’s pond is being discharged into other waterways.
Johnson enlisted the help of state legislators who then took his pleas to Wyoming’s U.S. Senators, John Barrasso and Mike Enzi and Louisiana Senator David Vitter, all Republicans.
The Senators sent a letter to Nancy Stoner, EPA’s acting assistant administrator for water, saying they were “troubled” by Johnson’s case and arguing that the section 404(f)(1)(c) stock pond exemption applies in this situation.
Johnson must comply with an EPA order issued on Jan. 30 or face $37,500 per day in civil penalties and $37,500 per day in fines for statutory violations.
For more information on the Clean Water Act, please visit the National Agricultural Law Center’s website here.
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