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EPA Settles with Chevron, ENSR Corporation, and L and J Enterprises Excavation, Inc. for Violations of the Clean Water Act

Release Date: 8/1/2005
Contact Information: Phil North
(907) 369-6849

August 1, 2005

On July 28, 2005, the Environmental Protection Agency (EPA) Region 10 filed a Consent Agreement and Final Order (CAFO) resolving its claims against Chevron Environmental Management Company, ENSR Corporation, and L & J Enterprise Excavation, Inc. (Respondents) for violation of the Clean Water Act (CWA). The CAFO alleges that Chevron, acting through its environmental consultant ENSR and its excavation contractor L&J, discharged approximately 140,000 cubic yards of dredged and/or fill material into the intertidal zone of Cook Inlet, Alaska during the course of bluff stabilization efforts undertaken between October 2003 and April 2004 at Chevron's decommissioned Kenai Refinery in Nikiski, Alaska.

The CAFO alleges that these materials were discharged without a CWA permit in violation of Section 301(a) of the CWA. Under the CAFO, the three respondents will pay a civil penalty of $43,100 and will expend an additional $64,000 on a Supplemental Environmental Project (SEP).

The SEP entails replacing a poorly-constructed road crossing of a salmon-bearing tributary of Stariski Creek near Anchor Point, Alaska with a structure that will re-establish the natural stream gradient and thereby allow juvenile salmon unimpeded migration routes to habitat upstream of the road. The SEP will also entail restoring and revegetating the stream channel, which has been damaged by a number of recent road crossing failures. Reconstruction of the road will also enable Cloyd Moser and Modeb Enterprises, parties to a recently entered CWA consent decree in an unrelated case, to undertake certain wetland restoration activities that they are obligated to complete under the consent decree.

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