The United States government is suing the Saratoga Springs Owners Association, a home owners association on the shore of Utah Lake, claiming illegal dumping in violation of the Clean Water Act.
The lawsuit was filed Monday in U.S. District Court for Utah.
The lawsuit names the home owners association, along with Cross Marine Projects, Inc., an underwater construction company. It claims the two entities were involved in the illegal dumping of dredged rock, dirt and sand into Utah Lake or its conjoined wetlands between September 2013 and February 2014.
Utah Lake is defined as any area below the high water mark along the shore of the lake.
The lawsuit claims the dumping of dredged material was done without a permit. It seeks to stop any continued dumping and force the home owners association to pay for the removal of the dredged materials, restoration projects and off-site mitigation measures for any permanent damage caused by the illegal dumping.
All restoration and mitigation efforts are to be done at the direction of the Environmental Protection Agency. The lawsuit also seeks attorneys fees and any other compensation a court could decide is necessary.
Phone messages left for the U.S. Attorneys Office, the home owners association and Cross Marine Projects were not returned.
The lawsuit states the material was put into navigable waters by equipment such as tractors and front-loaders.
According to the lawsuit, such violations of the Clean Water Act which occurred between Jan. 12, 2009 and Nov. 2, 2015, can result in a $37,500 fine per day while the material remains illegally dumped. Violations that occurred after Nov. 2, 2015 can result in a $52,414 fine per day. The lawsuit seeks the maximum fine per day until the illegal material is removed from the water.
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