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Agee Construction Company Faces $55,000 Penalty for Discharge of Fill to North Umpqua River

Release Date: 9/4/2002
Contact Information: Yvonne Vallette
vallette.yvonne@epamail.epa.gov
(503) 326-2716

September 4, 2002


Gilbert Agee, owner of Agee Construction Company, has received an Administrative Complaint from the U.S. Environmental Protection Agency for failure to obtain necessary permits for a project that included discharging fill to the North Umpqua River near Roseburg. The Complaint carries a proposed $55,000 penalty.

EPA alleges that Agee Construction discharged dirt and rock to the river – without the necessary permits from the Army Corps. of Engineers – while using heavy equipment to construct bank stabilization and rip-rap projects at several waterfront homes along the North Umpqua. The complaint further alleges that despite knowing that a permit was needed to conduct such activity, Mr. Agee never obtained one. The rocks & fill remain in the river to this day. Under federal regulations, Agee Construction could be liable for civil penalties of up to $11,000 per day per violation, up to a maximum of $137,500.

According to Dan Opalski, Oregon State Director for EPA, protecting rivers like the North Umpqua is a top priority for the Agency.

“The North Umpqua is a priceless treasure,” Opalski said. “Besides being a legendary steelhead stream – counting the writer Zane Grey among its devotees – the river provides both state residents and visitors with unmatched recreation opportunities in a remarkably beautiful environment. If people willfully discharge to rivers like the North Umpqua without a permit, we will enforce the law.”