Falconer Business Owner Faces Steep Fines from EPA and Justice Department

FALCONER – The owner of a Falconer business is in hot water with the U.S. Environmental Protection Agency and the U.S. Justice Department.

According to a report Friday in the Jamestown Post-Journal, the two government agencies have filed a legal complaint against David Whitehill and his business Dependable Towing and Recovery. The complaint is for allegedly Whitehill filling wetlands to make a parking lot on his property. The property is located just north of I-86 and to the east of County Route 380.

The most recent complaint stems from a cease and desist order issued in 2009 against Whitehill after inspections found Whitehill had filled in more than 16 acres of forested wetlands with soil and dirt. In March 2010 the EPA ordered to remove the illegal fill. He has yet to comply with that order, resulting in the federal government moving forward on Thursday with taking legal action against him and his business.

Under the filed complaint the federal government is seeking restoration of the wetlands along with the payment of a civil penalty of $37,500 per day for each violation of the Clean Water Act.

According to the Debt Collection Improvement Act of 1996, Whitehill is also liable for a civil penalty for each day of violation of the March 2010 order.