“500 linear feet of Coon Run impacted when Respondent directly placed two unauthorized 10-foot diameter, 500-foot long culverts on top of Coon Run and placed boulders surrounding the culverts”

💡 This proves the company dumped massive culverts directly onto the stream rather than properly installing them, destroying 500 feet of waterway.

“No permit, including the Corps Permit, authorized any discharge of dredge and/or fill material into Coon Run.”

💡 This establishes that Litman had zero legal authority to dump anything into the stream, making every action a clear violation.

“The integrity of the culverts appeared to be compromised; the culverts appeared misshapen and to be buckling”

💡 The improper installation created immediate collapse and flooding risks for downstream communities.

“Sampling results showing that macroinvertebrates were degraded at both the impacted site adjacent to the culvert and downstream of the culvert when compared to the upstream control site”

💡 Scientific testing confirmed that the illegal dumping destroyed the biological health of the stream ecosystem.

“The presence of the culvert is causing large taxonomic disparities despite the close longitudinal proximities of the sampling reaches, and that the culverts are fragmenting the habitat of the species present in Coon Run.”

💡 The culverts act as barriers that prevent species movement and fragment the ecosystem, potentially causing local extinctions.

“Sediment accumulation filling the natural stream bed with fine sediment observed approximately 12 to 14 inches below the surface until reaching the natural stream bed.”

💡 Over a foot of sediment now buries the natural streambed, smothering habitats and degrading water quality throughout the reach.

“The two 10-foot diameter, 500-foot long culverts were sitting on top of the streambed with flow obstructed underneath the culverts and scour pools at the outfalls of each culvert; Some water flowed underneath with minimal flow inside the culverts”

💡 The culverts block natural stream flow, forcing water into erosive patterns that worsen damage over time.

“Downstream deposition and bar formation on the left bank of Coon Run that appeared to have narrowed the natural stream channel and erosion along the right bank”

💡 The illegal fill changed the stream’s natural shape, creating unstable banks and increasing flood risk for downstream areas.

“The Corps Permit specified that a bridge spanning Coon Run would not result in placement of fill below the Ordinary High Water Mark of the stream… Bridge footing for the Coon Run Bridge placed below the Ordinary High Water Mark of Coon Run.”

💡 Litman violated the explicit terms of its permit by placing footings exactly where the permit prohibited.

“Respondent, by discharging dredged and/or fill material to the waters of the United States without authorization, has violated Section 301(a) of the Act, 33 U.S.C. § 1311(a).”

💡 EPA formally found that Litman broke federal environmental law by dumping fill into protected waters.

“Respondent has impacted approximately 600 linear feet of Coon Run”

💡 The scope of destruction extended across 600 feet of stream, not just the immediate culvert area.

“Since on or about August 20, 2022 through January 2023, Respondent, or persons acting on behalf of Respondent, operated equipment which discharged or caused the discharge of dredged and/or fill material to waters of the United States at the Site, without authorization from the Corps.”

💡 The company illegally dumped for five months before receiving a cease and desist order, showing how weak enforcement allows prolonged violations.

“Violation of the terms of this Order may result in further EPA enforcement action including, but not limited to, imposition of administrative penalties, pursuant to 33 U.S.C. § 1319(g) as modified by the Debt Collection Procedures Act of 1996 and the subsequent Civil Monetary Penalty Inflation Adjustment Rule, 40 C.F.R. Part 19, and/or initiation of judicial proceedings that allow for civil penalties of up to $66,712 per day for each day of violation that occurs”

💡 The company faces potential fines of over $66,000 per day per violation, which could have totaled millions for months of illegal dumping, but the consent order likely avoids these maximum penalties.

“The Site contains Coon Run, a relatively permanent tributary connected to the Ohio River, a Traditional Navigable Water. Coon Run constitutes waters of the United States within the meaning of Section 502(7) of the CWA, 33 U.S.C. § 1362(7).”

💡 The stream is federally protected because it flows into the Ohio River, making this a clear federal jurisdiction case.

“Include a post-restoration monitoring plan for five (5) years following the completion of the restoration and mitigation on-Site.”

💡 Even after cleanup, the company must monitor the site for five years, acknowledging that ecological recovery takes extended time and remains uncertain.