Herbst Construction, Inc., Violating Rivers and Harbors Appropriation Act, Nebraska 2008

Burwell, Nebraska – Herbst Construction, Inc. has been slapped with a $7,500 fine after pleading guilty to illegally dumping construction debris into the North Loup River in 2008. The case, investigated by the Environmental Protection Agency (EPA), highlights a concerning disregard for environmental regulations during a bridge widening project near Burwell.

According to court documents, Herbst Construction was contracted by the Nebraska Department of Roads (NDOR) to widen a bridge spanning the North Loup River. The project was authorized under a 404 permit from the Clean Water Act (CWA), allowing for the placement of specific fill materials – primarily dredge material or similar substances – to construct a causeway adjacent to the existing structure. However, investigators discovered the company deviated significantly from the permitted parameters.

In 2006, the NDOR received a Cease and Desist Order after it was determined Herbst Construction had been illegally depositing broken concrete slabs, removed from the old bridge, directly into the river. These slabs were strategically placed upstream from the causeway, intended to function as a makeshift jetty, offering additional protection to the newly constructed support. This activity was explicitly *not* authorized by the 404 permit. Despite being informed of the violation and facing potential repercussions, Herbst Construction continued to deposit the concrete without seeking or receiving proper authorization from regulatory bodies.

The NDOR attempted to rectify the situation by negotiating with permitting agencies to amend the existing permit to include the use of concrete as a stabilizing material. However, Herbst Construction proceeded with the illegal dumping *before* any amendment could be approved, demonstrating a clear intent to circumvent established environmental protocols. The EPA ultimately charged the company with violating the Rivers and Harbors Appropriation Act, also known as the Refuse Act.

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Legal Ramifications

Herbst Construction was formally charged on February 25, 2008, with one count of violating 33 U.S.C. § 407, the federal statute prohibiting the discharge of refuse matter into navigable waters. The company entered a guilty plea and, on April 15, 2008, was sentenced to pay a $7,500 fine to the state of Nebraska. While the financial penalty is relatively modest, the case serves as a warning to contractors operating near sensitive waterways.

Key Facts

Defendant: Herbst Construction, Inc.
Location: North Loup River, near Burwell, Nebraska
Year: 2008
Statutes Violated: 33 U.S.C. § 407 (Rivers and Harbors Appropriation Act / Refuse Act)
Illegal Activity: Placement of unauthorized concrete slabs into the North Loup River to act as a jetty.
Penalty: $7,500 state fine.

The EPA continues to emphasize the importance of adhering to environmental regulations during construction projects, particularly those impacting navigable waterways. Failure to comply can result in significant legal and financial consequences, and can have lasting detrimental effects on aquatic ecosystems.

Source: EPA ECHO Enforcement Case Database

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