The tile was installed using a Waynes Tile Pro plow pulled by a John Deere 9520 tractor. The Order demands the tile be removed and the wetlands restored. Environmental Protection Agency (“EPA”) which found plowed installation of six inch drain tile unlawful for discharging dredged material into wetlands allegedly covered by the CWA. Historically, installation of drain tile by tile plows was not considered to create a significant enough disturbance to be a regulated “discharge.” However, we recently reviewed a Notice of Violation and Administrative Order issued to a Minnesota landowner and his tiling contractor by the U.S. Among other things, “pollutants” covers dredged spoil and biological materials. “Discharge of pollutants” is defined as any addition of any pollutant to navigable waters from any point source. The CWA states that the discharge of any pollutant by any person is unlawful. This article focuses on the agency’s definition of “discharge” and the level of disturbance necessary within a protected water to trigger CWA permitting requirements. Supreme Court’s attempt to define which wetlands fall under the Corps’ jurisdiction. In the December/January 2013-2014 MNLICA Newsletter, we noted that Section 404 of the Clean Water Act (“CWA”) requires a permit from the Army Corps of Engineers (“Corps”) to discharge dredged or fill material into a “Water of the United States”. As published in MN Land Improvement Contractors of America News, page 5 (February – March 2014), available at
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