EPA v. TULL, E. L. (III)(SOUTH MAIN STREET)

Case summary

SYNOPSIS OF THE CASE DESCRIPTION OF DEFENDANT'S PROPERTIES AND BUSINESS EDWARD LYNN TULL OWNS NUMEROUS PARCELS OF LAND ON CHINCO- TEAGUE ISLAND, VIRGINIA. CHINCOTEAGUE IS ONE OF SEVERAL BARRIER ISLANDS OFF THE ATLANTIC COAST OF VIRGINIA. MANY OF THESE PARCELS INCLUDE PORTIONS OF THE EXTENSIVE WETLAND SYSTEMS THAT CHARACTERIZE CHINCOTEAGUE AND SIMILAR BARRIER ISLANDS. MR. TULL DEVELOPS LAND FOR RENTAL, SUBDIVISION AND SALE AS RECREATIONAL AND RESIDENTIAL LOTS, MOBILE HOME PARKS AND CAMPER SITES. WHEN THE PROPERTY TO BE DEVELOPED INCLUDES WETLANDS, MR. TULL HAS THE WETLANDS FILLED WITH SAND AND OTHER FILL MATERIAL. THIS CASE INVOLVES FILLING OF SEVERAL ACRES OF UPLAND AND TIDAL WETLANDS AT A LOCATION KNOWN AS THE SOUTH MAIN STREET SITE. VIOLATIVE CONDUCT: THE PLACEMENT OF FILL MATERIAL IN FEDERALLY-PROTECTED WETLANDS CONSTITUTES DISCHARGES OF POLLUTANTS TO WATERS OF THE UNITED STATES. THESE DISCHARGES WERE UNLAWFUL BECAUSE NO DREDGE/FILL PERMIT WAS SOUGHT BY MR. TULL NOR ISSUED BY THE U.S. ARMY CORPS OF ENGINEERS UNDER SECTION 404 OF THE CLEAN WATER ACT, 33 U.S.C. 1344. ALL UNPERMITTED DISCHARGES ARE PROHIBITED BY SECTION 301 OF THE CLEAN WATER ACT, 33 U.S.C. 1311. EPA'S AUTHORITY TO BRING AN ACTION: EPA IS AUTHORIZED TO BRING A CIVIL ACTION IN THIS SITUA- TION UNDER SECTION 309 OF THE CLEAN WATER ACT, 33 U.S.C. 1319, FOR THE ALLEGED VIOLATION OF SECTION 301 OF THE CLEAN WATER ACT, 33 U.S.C. 1311. THREAT TO HEALTH OR ENVIRONMENT: AN AREA OF HIGH ECOLOGICAL VALUE HAS BEEN DESTROYED AND OTHERS ARE THREATENED. FILLING OF WETLANDS ELIMINATES EN- TIRELY PORTIONS OF THE WATERS OF THE UNITED STATES. THE FILLING AT THIS SITE HAS AND WILL SIGNIFICANTLY REDUCE THE BIOLOGICAL PRODUCTIVITY AND HABITAT VALUE OF CHINCOTEAGUE ISLAND, NEAR THE CHINCOTEAGUE NATIONAL WILDLIFE REFUGE AND THE ASSATEAGUE ISLAND NAITON SEASHORE. THE FILLING DEGRADES THE WATER QUALITY IN A NAVIGABLE WATER OF THE UNITED STATES DOWNSTREAM. STATE AND LOCAL EFFORTS TO RESOLVE THE CASE: THE VIRGINIA STATE WATER CONTROL BOARD AND THE ACCOMACK COUNTY WETLANDS BOARD HAVE BEEN INFORMED OF THE FEDERAL VIOLATION AND OF THE POTENTIAL FEDERAL ENFORCEMENT ACTION. STATE AND LOCAL JURISDICTIONAL LIMITS DIFFER FROM THE FED- ERAL LIMITS, AND PROBABLY HAVE NOT BEEN VIOLATED. TIMELY STATE OR LOCAL ENFORCEMENT IS NOT POSSIBLE. PROPOSED REMEDY: THE GOVERNMENT SHOULD FILE THIS ACTION IMMEDIATELY AND SEEK A PRELIMINARY INJUNCTION AGAINST FILLING REQUIRING RE- STORATION OF THE FILLED WETLANDS AND THE PAYMENT OF CIVIL PENALTIES, AND PROHIBITING MR. TULL FROM FURTHER FILLING AND SELLING OF ANY PROPERTY WITHOUT FIRST OBTAINING EITHER A CORPS OF ENGINEERS DREDGE/FILL PERMIT OR A DETERMINATION THAT THE PROPERTY TO BE FILLED OR SOLD DOES NOT AND DID NOT CONTAIN FEDERALLY-PROTECTED WETLANDS. UPON THE FILING OF A COMPLAINT, THE GOVERNMENT SHOULD FILE LIS PENDENS WITH THE ACCOMACK COUNTY CLERK ON EACH OF THE PROPERTIES INVOLVED.

Defendants (2)

• EDWARD LUNN TULLNamed in complaint
• LOUISE A. TULLNamed in complaint

Facilities (1)

• SOUTH MAIN STREET

  FOWLING GUT & BLACK POINT DRAIN, CHINCOTEAGUE, VA, 23336

  Registry ID: 110010611926

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 404 — Permits for Dredge and Fill Material
• CWA 301 — NPDES Discharge without a Permit

Timeline (5 milestones)

• 1983-12-15Referred To Headquarters
• 1984-01-16Referred To Dept Of Justice
• 1985-05-29Complaint Filed With Court
• 1988-06-03Concluded
• 1988-06-03Enforcement Action Closed