Quad Cities Waterkeeper, Inc. v. Ballegeer

摘要

Accordingly, the Court ORDERS defendants, jointly and severally, to pay a civil penalty of $4,750 pursuant to 33 U.S.C. § 1319(d). Furthermore, in accordance with Federal Rule of Civil Procedure 65(d), the Court issues this INJUNCTION: Because DAVID BALLEGEER and FRANCIS BALLEGEER have violated the Clean Water Act, 33 U.S.C. §§ 1251-1387, and in order to effect their compliance with the Act, the Court ORDERS DAVID BALLEGEER, FRANCIS BALLEGEER, or both, to apply to the United States Army Corps of Engineers for a permit under Section 404 of the Clean Water Act not later than April 26, 2017. The permit sought shall apply to the sections of the farm FRANCIS BALLEGEER owns on the Green River in Henry County, Illinois, more than 3,000 feet upriver from its confluence with the Rock River, but less than 8,280 feet upriver, upon which a levee has been built, and which have not already been granted a permit under Section 404 of the Clean Water Act. The Court retains jurisdiction until such time as DAVID or FRANCIS BALLEGEER apply for the permit, in order to enforce compliance with this INJUNCTION. No further claims remaining, the Clerk is directed to enter judgment and close the case.