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EPA Region 8: Developers pay $30,000 for Damaging and Polluting Panguitch Lake

Release Date: 04/05/2012
Contact Information: Monica Heimdal, 303-312-6359; Matthew Allen, 303-312-6085

Developers pay $30,000 for Damaging and Polluting Panguitch Lake

Companies and individual cited for unauthorized construction activities at Panguitch Lake Adventure Resort

Contacts: Monica Heimdal, 303-312-6359; Matthew Allen, 303-312-6085

(Denver, Colorado – April 3^rd 2012) The U.S. Environmental Protection Agency has entered into a Combined Complaint and Consent Agreement (CCCA) and an Administrative Order on Consent (AOC) with Polidori Corporation, Inc., Poli-Gold, LLC, and Veronica Polidori (collectively, Polidori) in response to alleged violations of the Clean Water Act at Panguitch Lake in Garfield County, Utah. EPA alleges that Polidori discharged dredged or fill material to the lake and adjacent wetlands, in violation of the Clean Water Act, during the construction of a marina and RV park.

The AOC, which replaces an administrative order for compliance issued in September of 2010, addresses discharges of dredged or fill material by Polidori, or persons acting on their behalf, to approximately 7.5 acres of Panguitch Lake and adjacent wetlands during the construction of a marina and RV park during 2007 and 2008. The unauthorized work included construction of a coffer dam in the lake, dredging and filling a large portion of an existing marina, and placement of large rocks along the perimeter of the new marina. Additional activities associated with the development of the RV park included construction of a rock wall, the discharge of large amounts of earthen fill, and placement of large rocks along a portion of the lake’s southern shoreline.

"The construction at the Panguitch Lake Adventure Resort degraded more than seven acres of the lake and nearby wetlands,” said Mike Gaydosh, EPA’s enforcement director in Denver. “It is critical that those wishing to take actions that impact surface waters and wetlands contact the U.S. Army Corps of Engineers first to see if their planned activities can be permitted."

Polidori has paid a penalty of $30,000 and will remove and/or mitigate discharged material. Where material is removed, impacted areas must be restored to pre-impact conditions and grade. Prior to undertaking this work, Polidori must submit a plan for EPA approval that details how restoration and mitigation will be accomplished.

Panguitch Lake and its adjacent wetlands provide numerous functions and values, including aquatic and wildlife habitat, groundwater recharge, flood attenuation, recreation and aesthetics. Placement of dredged or fill material into waters of the U.S. can have adverse impacts on wildlife habitat and on communities of fish, plants and insects.

A permit is required before performing any work that results in discharges of material into rivers, lakes, streams and wetlands. Any person planning to do such work in southern Utah should contact the U.S. Army Corps of Engineers’ St. George Regulatory Office (321 North Mall Drive, Suite L-101, St. George, UT 84790; telephone, 435-986-3979) before beginning work to determine if a permit is needed.

For more information on the Clean Water Act, visit EPA's compliance web page: https://www.epa.gov/compliance/civil/cwa/index.html

For more information about the importance of wetlands in flood control and habitat conservation, visit: http://www.usace.army.mil/ or https://www.epa.gov/owow/wetlands/

Help EPA protect our nation's land, air and water by reporting violations: https://www.epa.gov/tips/