EPA Wants to Slap $75K a Day Fine on Landowner Who Built Stock Pond On Own Property

Photo credit: tim_d (Flickr)

Senators are trying to intervene on behalf of a Wyoming landowner facing $75,000 a day in Environmental Protection Agency fines for building a stock pond on his own property.

The EPA compliance order against Andrew Johnson of Unita County claims that he violated the Clean Water Act by building a dam on a creek without a permit from the Army Corps of Engineers. Johnson says it was a stock pond, which would make it exempt from CWA permitting requirements. The EPA is telling him to restore the creek as it was or face penalties.

Environment and Public Works Committee Ranking Member David Vitter (R-La.), along with Sens. John Barrasso (R-Wyo.) and Mike Enzi (R-Wyo.), wrote the EPA’s Acting Assistant Administrator for Water Nancy Stoner yesterday to ask that the agency back off from intimidating the landowner.

“Rather than a sober administration of the Clean Water Act, the Compliance Order reads like a draconian edict of a heavy-handed bureaucracy. The Compliance Order also appears to rest on a broad assertion of federal jurisdiction under the Clean Water Act, offering an ominous signal of EPA’s intentions for its current ‘waters of the United States’ rulemaking,” they wrote.

“EPA appears more interested in intimidating and bankrupting Mr. Johnson than it does in working cooperatively with him,” the senators noted of the severe fines Johnson faces. “…Fairness and due process require that EPA base its Compliance Order on more than an assumption.  Instead of treating Mr. Johnson as guilty until he proves his innocence by demonstrating his entitlement to the Clean Water Act section 404(f)(1)(C) stock pond exemption, EPA should make its case that a dam was built and that the Section 404 exemption does not apply.  As it stands now, EPA’s failure to demonstrate in detail how Mr. Johnson’s building activities constituted the construction of a dam prejudices his opportunity to meaningfully respond to the Compliance Order.”

Read more at PJ Media. By Bridget Johnson.

Photo credit: tim_d (Flickr)

Comments

  1. Can't we get these morons out of our lives??????

  2. It is none of their business what people do on their own land , defund the epa , they are idiots …

    • How about just how stupid are they? I still say that EPA stands for ":enemy of the People of America," they need to be gone.

    • Sorry but they are NOT idiots, overbearing, officious, b–t–rds, but not idiots, they know how to destroy our country and are being very successful.

  3. Think… if Mr Johnson, can't have a place to water stock.. then he will have to dig a well… and that isn't allowed either, without a whole lot more paperwork.. So if all these epa… (extraneous piss ants) get into the management of other folks personal property.. can't they help pay for the property too? They would have a say then.. they'd own a part of it.. and unless they pay for.. over half of it.. they wouldn't get much say.. would they…. oh.. oh.. wait….. that's where we are headed… oh.. I get it.. .. growing pains… but what happens after they own everything.. ????? oh… I get it.. we all go away.. and leave it all to them… so.. who are the "them"???
    I'm thinking.. somewhere, somehow… we don't much like this… one small step.. the WRONG way.

  4. danstewart says:

    Disband the epa, they don't protect anything, they only destroy.

  5. narmvyguy says:

    It's time to fight fire with FIRE. Lock-n-load.

  6. They are working for Ovmit and the Demacraps they are trying to distroy us and take over everything we have show them your guns if they come near you we all need to stand together and kick there dirty asses out of are lives put them in prison where they belong all they are doing is cuseing trouble for everyone they want to make everyone fight for there land that way they will cause the people to go broke but they have money are tax money to fight us no more tax money for the scum

  7. This is how the EPA is directed by the control freak Communist Obama administration.

  8. Whitetop says:

    If the picture above is of the offending pond then EPA needs to be made a laughing stock by showing this picture in every state. Instead of getting involved on a case by case basis Congress needs to start providing oversight on what the federal agencies are doing in relation to the laws they have been given to promulgate regulations. Congress writes laws that no one knows what they contain; hand them over to agencies for regulation and enforcement but no one is minding the store. Congress is as much of the problem as the agencies; not the solution. Where else can one garner a salary of $174K/yr and not work all that hard? It is time we held our elected servants accountable and they hold federal employees accountable.

  9. hansi2014 says:

    We should be free to do what we like on our own property! Congress us also remiss for allowing all these agencies to run amok.

  10. The government is definitely to intrusive, when you own the property the government should stay off. Our Politician should grow a spine and defund the entire organization. That would resolve this issue. I am sure with this administration they would find another loop hole and sign another unconstitutional Executive Order.

    • You are very correct. Defund and do away with the EPA, they are noting but a bad joke on the American people.

    • Sounds like a real good idea. I've even stopped buying calendars from the Sierra Club, and from the Audobon people as well! The money goes to what used to be real good organizations – but that aren't now. NOW, they're part of that fascist group, that are trying to destroy the country. BTW, where the heck were they when Yosemite was burning?

  11. canislupus100 says:

    With agencies like the EPA out there, the USA doesn't need other enemies.

  12. The chilling realization is that the landowner was deemed guilty until proven innocent. Evidently your are only innocent until proven guilty if you are in the court system. Administrative law an bypass that Constitutional safeguard.

  13. MY BIG TOE says:

    Its about time the EPA was reined in and put in its place its not only illegal the government has no authority over state issues and building is a state issue. the clean water act was about Americas navigable water ways not creeks and ponds that are on private land. the American people need to put politicians in jail that violate the rights of Americans for any reasons. they of all people should know better that to try and violate anyone's constitutional rights and freedoms. we the people are the boss not the government its time a few of them started paying for their violations. It will never stop until we start putting them in jail. any vote that violates anyone's constitutional rights needs to mean jail time for every vote to violate the rights of Americans. we rule over government they do not rule over us. its time they were reminded who we are and how powerful we are .

  14. The city I live in compelled me to submit to an inspection of my defunct swimming pool because they feared it was a mosquito source. In fact, it is a pond, filled with plants, frogs and mosquito-eating fish, but that wasn't visible from the flyover they did; from the air they could only see the green water. So, as they performed their inspection I asked them when did the city start spending tax dollars on inspections of potential mosquito breeding sources in private backyards. They said that the inspection was mandated by the EPA in response to "green" mandates from the UN, and that the EPA now has jurisdiction over ANY water on your property, even a BIRD BATH. Hard to believe, but that's what they said. That was 6 or 7 years ago. So, although I am dismayed and outraged at what happened to this man, I am not surprised. BTW, supposedly they also have jurisdiction over all water runoff from your property, including rain water that runs off your roof into a rain barrel. Rain barrels are considered to be interference with the natural runoff patterns and supposedly are now illegal. Not sure how true it is, and I've been too afraid to find out. Our original EPA, and much of the environmental movement, was hijacked by globalists years ago, and now is just another tentacle of the UN's Agenda 21, totally committed to the destruction of private property rights, and ultimately, all of our Constitutional rights. My heart aches for our lost country.

  15. Alicia Williams says:

    Watcher, Thank You! I was wondering if I was the only one who knew about UN Agenda 21! Its goal is to have NO private property in the world – but to do that they must destroy it here in the USA! The One World Government then will generously distribute all goods, all money, all resources, to all countries they deem 'undeveloped'. Their whole 'climate change' BS is all about redistribution of OUR wealth.

    When I lived in Vermont (hey, don't yell at me – it used to be the MOST Republican State in the union, unitl all those NYer's and NJites and MA's moved in), we had, in our last house there, a lower piece of land in the front of our house to the left that flooded every spring, between the thaw (frozen ground 2' deep) and the spring rains, it would flood over our drive and sometimes over the road, no problem. We dealt with it and so did the town. We didn't need the EPA! Now I shutter to think about what is happening there. The EPA is probably there saying "You can't do this, you can't do that" – It is so totally stupid. And that is just the EPA trying to take over ALL 'private property' which isn't so 'private' anymore!

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