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Trio fined for CWA violation

by Conor CHRISTOFFERSON<br
| April 28, 2008 9:00 PM

SANDPOINT — Two Bonner County residents and a contracting company have agreed to pay $40,000 to the U.S. Environmental Protection Agency as part of a settlement for a 2005 violation of the Clean Water Act, according to the EPA.

The EPA claims Robin S. Behrens, Charles E. Kramer and Naples-based C. E. Kramer and Contracting, Inc. illegally discharged fill material into a half-acre wetlands on Behrens’ property, located near Ponderay.

The violation was discovered by the Army Corps of Engineers in 2005, and in 2006 Behrens and the contractor repaired damages and restored the site under the direction of the corps. Under the settlement, Behrens and the contractor will not face criminal charges, said John Olson of the EPA’s wetlands program.

According to Olson, settlement figures are determined by the amount of damage done to the environment and the level of knowledge the parties in violation had of the EPA’s permit process. Settlements vary, but Olson said $40,000 is a typical figure for this level of infraction.

Olson said Behrens and the contracting company had a history of filing permits and should have known the discharge fill was in violation of the EPA.

Local wetlands play an important role in protecting water quality by acting as a filter for water from Lake Pend Oreille, as well as providing wildlife habitat and preventing flooding, said EPA officials.

“Protecting Idaho’s shrinking wetlands is a top priority for EPA, especially around Lake Pend Oreille,” said Jim Werntz, EPA’s Idaho operations director. “Construction in a wetland should be avoided if at all possible, but if it’s unavoidable, great care must be taken and all proper permitting secured before any work starts.”

Kramer had no comment on the matter and Behrens could not be reached for comment.