EPA seeks to fine two Clark County businesses over Clean Water Act violations

The U.S. Environmental Protection Agency is proposing fines for two Clark County businesses totaling $73,000 over Clean Water Act violations in the Curtin Creek and Chelatchie Bluff mineral lands.

The violations are related to road construction work that occurred between 2021 and 2023.

In the consent agreement, Portland Vancouver Junction Railroad will be fined $65,000. According to the EPA, the railroad “failed to obtain permit coverage under the Clean Water Act … prior to discharging dredged and/or fill material into waters of the United States, including wetlands adjacent to Curtin Creek.”

The consent agreement states Portland Vancouver Junction Railroad used heavy equipment to relocate and discharge dredged and fill material, such as gravel, rocks, concrete, asphalt and mixed waste, into wetlands adjacent to Curtin Creek. Additionally, the railroad cleared, graded or excavated the land, which allowed stormwater discharges from industrial activity into the wetlands.

Clark County, the state Department of Ecology, the U.S. Army Corps of Engineers and the EPA began investigating after residents raised concerns about whether the railroad had caused damage to streams, wetlands, and other environmentally sensitive areas in the Curtin Creek and Chelatchie areas.

Residents in the Chelatchie area reported finding dead fish, turbid streams and some streams either blocked or filled in after road construction work began next to the rail line.

The railroad said the work was needed to support its efforts to expand its rail yard in anticipation of mining operations being permitted.

Green Works Enterprises, which is owned by Mike and Mary Ann Leboki, who also own Taylor Transport, will be fined $6,000 for violations related to the Chelatchie area.

The EPA said Green Works also used heavy equipment to relocate and discharge dredged material below the high-water mark of Chelatchie and Cedar Creek tributaries without obtaining the required permits.

Chelatchie resident John Nanney was one of the first to bring his concerns to the county and Department of Ecology. Nanney said he isn’t optimistic the fines will have any measurable impact.

“I got so discouraged when I read it,” Nanney said. “I don’t have a lot of hope unless the county steps up.”