Hello,

Just looking for a little guidance. My property used to have a shared pond, half on mine, half on my neighbors. The dam is on my neighbor's property, and has been broken for a couple years. No more pond, just a stream (the "pond" was only a foot or two deep when it existed).

Just received a letter from the EPA, stating the pond is in disrepair, and mandating extensive work to fix the dam. They specifically refer to the dam with my last name (not my neighbor's).

Whats really frustrating is that over the years, when the dam was slowing declining, and the pond gradually dwindling away, my "old" neighbors (they have since sold to new neighbors, who bought the property with dam already broken) would never have work done to fix it.

Can the EPA actually make me pay for work done on property I do not own?

Any advice appreciated...

I don't envy your position

Other than that you probably need to talk to someone
Who specializes in environmental law

I have plenty more to say but deleted it myself

Yeah i think you should be talking to a lawyer not a forum.. If anything I'd relocate the damm to your property and not worry about the neighbors problem..

Why does the EPA care if the pond is in "disrepair?"

They would like to control every drop of water from the top of the mts to the bottom of the ocean. In their minds they do.

The EPA can do pretty much anything they want to.

True Story:
My BIL's step father brought a battery to a scrap yard, just to get rid of it. Name was recorded and got his 4 bucks or so for the scrap value. At that point in time, the battery was officially the scrap dealers property.

Many years later, he get's a 2K bill in the mail from the EPA stating that this was his share in the cleanup efforts on the scrap yard.

He had to pay it in a time frame or go to jail!

You may want to explore whether the concern is water quality downstream or wetland preservation. Corps of Engrs. might actually be able to help you out if the objective is to just maintain the wetland. It might not have to be a full repair and it may bring it back into something that doesn't involve your neighbor. I would still "lawyer-up" though. When EPA decides you are a Principle Responsible Partner, they can be relentless. And it doesn't have to make any sense. They might even go after the previous owners of the property where the dam was located.

Do you have to get a permit from the EPA to build a pond?

If they don't care when you build one, I still don't see why they'd care if it disappears. That said, it sounds like a scary situation dealing with the federal gov't even though you are "in the right."

If you wanted the pond, then I'd rebuild the dam solely on my property. Yes, the pond would be smaller, but you would have 100% control over it. If you don't want the pond, then I'd contact an atty that is versed in the type of problem that you are having and see what they say.