E.P.A. Settlement with Jefferson County, Mo., Property Owner Results in Watershed Restoration

(Lenexa, Kan., April 2, 2015) - E.P.A. Region seven has reached a settlement with a Jefferson County, Mo., property owner to resolve Clean Water Act violations involving unpermitted discharges of pollutants into an unnamed tributary of Belews Creek.

As part of the settlement, Greg Schellert has agreed to pay a penalty of $30,000 and fully restore the impacted portion of the tributary.

A U.S. Army Corps of Engineers (USACE) inspection in March 2014 documented that Schellert violated the Clean Water Act (CWA) when he, or others working on his behalf, used earth-moving equipment to discharge fill material into the tributary as a part of work associated with the construction of a dam. The tributary is classified as a water of the U.S. by the CWA. The work was performed without a permit issued pursuant to Section 404 of the CWA. The USACE referred the case to E.P.A. after discovering the violations.

Unauthorized fill activity degrades watershed health, results in habitat loss, impacts stream channel configuration, decreases biological diversity, and limits the movement of fish, other aquatic organisms and organic material. Such activity can also deprive downstream landowners and the public from the use and enjoyment of public waters.

As part of the settlement agreement, Schellert has certified that he is now in compliance with the Clean Water Act. The consent arrangement is subject to a 30-day public review period before it becomes final.

Information on how to submit comments is accessible on the E.P.A. Region seven website.

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