EPA fines Utah business for water violations

DENVER (Legal Newsline) - The U.S. Environmental Protection Agency has entered into a consent agreement with Polidori Corporation in response to alleged violations of the Clean Water Act at Panguitch Lake in Garfield County, Utah.

The EPA alleged that the company discharged dredged or fill material to the lake and adjacent wetlands during the construction of a marina and RV park. This was in violation of the Clean Water Act.

According to the EPA communique from April 3, the unauthorized work included construction of a coffer damin the lake, dredging and filling a athe perimeter of the new marina.

Additional activities associated with the development of the RV park included construction of a rockwall, the discharge of large amounts of earthen fill, and placement of large rocks along a portion of the lake's southern shoreline.

"The construction at the Panguitch Lake Adventure Resort degraded more than seven acres of the lake and nearby wetlands," said Mike Gaydosh, EPA's enforcementdirector in Denver.

"It is critical that those wishing to take actions that impact surface waters and wetlands contact the U.S. Army Corps of Engineers first to see if their planned activities can be permitted."

The company will also remove or mitigate discharged material. If material is removed, the impacted areas must be restored to pre-impact conditions and grade. Polidori must submit a plan for EPA approval that details how restoration and mitigation will be accomplished before work begins.

According to the EPA, it has jurisdiction because Panguitch Lake and its adjacent wetlands provide numerous functions and values, including aquatic and wildlife habitat, groundwater recharge, flood attenuation, recreation and aesthetics. Placement of dredged or fill material into waters of the U.S. can have adverse impacts on wildlife habitat and on communities of fish, plants andinsects.

The company had no comment to make.