News Release
| Release Number: | 05-014 |
| Dated: | 1/27/2005 |
| Contact: | Diana J. Fredlund, 503-808-4510 |
PORTLAND, Ore.—The U.S. Army Corps of Engineers is proposing to assess a Class 1 Administrative Penalty of $10,000 against NW Natural for violation of a permit granted under the Clean Water Act.
A Department of the Army Individual Permit, 2001-00687, was issued to NW Natural on July 11, 2002. The permit authorized NW Natural to construct a 24-inch diameter, 20-mile long natural gas pipeline through Washington, Marion and Clackamas counties in Oregon. The permit authorized impact to 7.4 acres of wetlands and impact to 0.57 acres of other waters of the United States.
NW Natural was to avoid impacts to Corral Creek, Chicken Creek, Dairy Creek and the wetlands adjacent to Chicken Creek; the company exceeded the scope of work authorized under this permit by releasing bentonite into these U.S. waters.
As part of the administrative penalty process, the Corps notifies the permittee, the appropriate state agency and the public of the proposed penalty. During the 30-day comment period, any person may submit written comments on the proposed penalty order. Comments should be sent to the District Engineer, and any comments received will be included in the administrative record. The administrative record will be available for inspection during regular business hours at the U.S. Army Corps of Engineers, Regulatory Branch, 333 S.W. First Ave., Portland, Ore., 97204-2946. Written comments must be received by Feb. 20, 2005, and should be addressed to U.S. Army Corps of Engineers, ATTN: CENWP-OP-G (Corrie Veenstra), P.O. Box 2946, Portland, OR 97208-2946.
A copy of the proposed penalty is posted on the Corps’ Internet site at https://www.nwp.usace.army.mil/op/g/penalty/200100687.pdf.
A penalty up to $10,000 may be assessed per permit violation, not to exceed a total fine of $25,000. If requested by NW Natural, a hearing will be held, at which the public is permitted.
Individuals, government agencies and organizations are required to apply for and receive authorization to do any work that will affect waters of the United States, including wetlands and navigable waters.
The Corps routinely considers whether proposed projects meet standards of the Clean Water, Coastal Zone Management and Endangered Species acts and looks at the overall impact of the project on the affected area.