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EPA Cites Landowners and Contractor for Filling in Wetlands

Release Date: 7/28/1999
Contact Information: Donna M. Heron (215) 814-5113

LAKE TOWNSHIP, Pa. -- The U.S. Environmental Protection Agency has cited the owners of two properties and a local contractor for unlawfully filling in protected waters and wetlands near a small pond in Lake Township, Wayne County, Pa.

EPA’s administrative complaint names Donald and Kathleen Bohl, of Berwick, Pa., and Robert and Alice Funk, of Palisades, N.Y., owners of adjacent properties near Brooks Lake; and Lance Maiocco, an employee of Brothers Lawn Care, Inc., a contractor in Lake Ariel, Pa.

According to the complaint, after arranging to draw down the pond water, the Bohls and Funks hired Maiocco to grade and fill approximately three acres of the pond and surrounding wetlands. EPA’s July 12, 1999 complaint seeks a $16,500 penalty for these individuals’ alleged failure to obtain a required permit before filling in the waters and wetlands.

Under the Clean Water Act, a U.S. Army Corps of Engineers permit is required before dredged or fill material may be discharged into wetlands areas. The permit requirement is designed to minimize the destruction of wetlands, which serve a number of critical environmental and economic functions -- including flood control, water filtration, and wildlife habitat.

On March 25, 1999, the Corps of Engineers issued a cease and desist order to these individuals, directing them to restore the filled-in wetlands.

These parties have the right to a hearing to contest the alleged violation and proposed penalty.