The U.S. Environmental Protection Agency (EPA), Region 5, is providing this notice of its intent to file a Proposed Consent Agreement and Proposed Final Order (Proposed CAFO) against Dillenberger Farms, Inc., The Estate of James Dillenberger, and Dillenberger Revocable Trust (Respondents) for violations of Section 301 of the Clean Water Act (CWA). This Proposed CAFO will settle alleged violations at a site next to Moredock Lake in Monroe County, Illinois. The Respondents discharged dredged and fill material into Moredock Lake without a CWA permit. Moredock Lake is a perennial waterbody that flows to the Mississippi River, a traditional navigable water.

EPA alleges that in November 2012, Respondents placed dredged and fill material into Moredock Lake without a CWA permit. Respondents used mechanized land-moving equipment to clear approximately 2 acres of forested wetlands from their property and adjacent property owned by the Moredock Lake Gun Club. They pushed dredged material and tree debris 150-200 feet into Moredock Lake.

The alleged violations are of environmental significance because the forested wetlands reduced erosion into Moredock Lake, increased habitat for wildlife, improved surface water filtration, increased dissolved oxygen and organic carbon detritus, and provided shade for both terrestrial and aquatic wildlife. The alleged violations reduced the reach of navigable waters andincreased siltation and sedimentation of Moredock Lake – resulting in reduced water quality. EPA and Respondents have agreed in principle that the Respondents will pay a civil penalty of $20,857 to resolve these violations.

• Proposed CAFO CWA-05-2021-0003 (PDF)(12 pp, 966 K, December 8, 2020)
• Public Notice for Proposed CAFO CWA-05-2021-0003 (PDF)(2 pp, 163 K, December 8, 2020)