(AGENPARL) – mer 24 gennaio 2024 Issued: Jan 24, 2024 (3:30pm EST)
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EPA penalizes private landowner for violating the Clean Water Act by
discharging fill into the South Fork of the Coeur d’Alene River
SEATTLE – The U.S. Environmental Protection Agency announced today that
Michael Gagliano agreed to pay a penalty of $8,000 for violating the Clean
Water Act when he discharged fill material into the South Fork of the Coeur
d’Alene River at his property in Pinehurst, Idaho.
Beginning in September 2022, Gagliano discharged large rocks below the
ordinary high-water mark of the South Fork of the Coeur d’Alene River
without a Clean Water Act permit. The unauthorized discharges occurred within
the Bunker Hill Superfund Site. As a result, these discharges likely mobilized
highly contaminated sediment and mine tailings frequently found throughout the
site. This type of mobilization is often exacerbated by high-flow events
following heavy rains or snowmelt.
“Property owners must get the necessary Clean Water Act permits to make sure
that any work impacting waters of the United States is done in a way that
protects the health of the ecosystem and minimizes the impact to sources of
drinking water and water used for recreation.” said EPA Region 10 Office of
Enforcement and Compliance Assurance Director Ed Kowalski. “These types of
Clean Water Act enforcement actions are important in protecting our valuable
water resources and are especially important in areas within Superfund sites
with highly contaminated sediments.”
The unauthorized discharges occurred when the landowner attempted to increase
armoring of the riverbank. This activity, especially when combined with
similar bank armoring activities throughout a river system, can have dramatic
and long-term impacts on ecosystem health and can result in increased
riverbank scouring and erosion on adjacent properties.
In addition to paying the penalty, Gagliano agreed to remove the fill material
and restore the site prioritizing slope stabilization, erosion reduction, and
establishing vegetation along the riverbank.
EPA Region 10 worked closely with the U.S. Army Corps of Engineers, Idaho
Department of Environmental Quality, Idaho Department of Water Resources, and
the Panhandle Health District on an appropriate resolution to the violation. 
This is the second Clean Water Act enforcement action brought by EPA within
the Bunker Hill Superfund Site during the last couple of years. In 2022, Cody
Karst of Pinehurst was required to pay a $14,000 penalty and restore wetlands
that he damaged, also along a portion of the South Fork of the Coeur d’Alene
River, and a tributary to the river. 
Additional details of the Gagliano matter can be found in the Consent
Agreement and Final Order.
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