Posted March 19, 2014
Andy Johnson, a Wyoming welder, is facing up to $75,000
per day in fines by the U.S. Environmental Protection Agency (EPA) for building
a pond on his property, according to a Fox News article available here. KXLO also reported on the story here.
Johnson says he followed the state rules for a stock
pond when he built it in 2012. A letter
from the Wyoming State Engineer’s Office stated, “Said permit is in good
standing and is entitled to be exercised as permitted.”
The EPA, however, says that Johnson violated the Clean
Water Act by building a dam on a creek without a permit from the Army Corps of
Engineers. EPA also says that material
from Johnson’s pond is being discharged into other waterways.
Johnson enlisted the help of state legislators who then
took his pleas to Wyoming’s U.S. Senators, John Barrasso and Mike Enzi and Louisiana
Senator David Vitter, all Republicans.
The Senators sent a letter to Nancy Stoner, EPA’s
acting assistant administrator for water, saying they were “troubled” by
Johnson’s case and arguing that the section 404(f)(1)(c) stock pond exemption
applies in this situation.
Johnson must comply with an EPA order issued on Jan. 30
or face $37,500 per day in civil penalties and $37,500 per day in fines for
statutory violations.
For more information on the Clean Water Act, please
visit the National Agricultural Law Center’s website here.
