EPA v. TULL, E L (V) (OCEAN BREEZE SECT D LOT 318)

Case summary

EDWARD LUNN TULL & WIFE HAS FILLED & PROPOSES TO FILL AN AREA PLOTTED AS OCEAN BREEZE SEC D, PROPERTY WHICH IS IMMED- IATELY SOUTH OF OCEAN BREEZE SEC A WHICH WAS THE SUBJECT OF PREVIOUS EPA ENFORCEMENT ACTION. THE AREAS NOW BEING FILLED WERE DETERMINED TO BE WETLANDS DURING THE DEVELOPMENT OF EV- IDENCE FOR THE TRIAL OF THE VIOLATIONS WHICH OCCURRED AT OCEAN BREEZE SEC A. IN ADDITION, DEFS PROPOSE TO CREATE A ROAD CROSSING BY PLACING FILL IN WATER BODY WHICH BORDERS OCEAN BREEZE SEC D SEPARATES IT FROM SOUTH MAIN STREET, THE MAIN HIGHWAY IN THE AREA, IN ORDER TO GAIN ACCESS TO THAT HIGHWAY. DEFS ALSO PROPOSE TO FILL WETLANDS ON LOT 318 OF THE RIDGE ROAD DEVELOPMENT. FILLING WHICH HAS ALREADY OCCURRED AT THAT DEVELOPMENT WAS THE SUBJECT OF COUNT II OF TULL I, WHICH COUNT WAS VOLUNTARY DISMISSED AT THE RECOMMENDATION OF THE DOJ. AT THE TIME OF THE DISMISSAL, THERE HAD BEEN MIN- IMAL IF ANY FILLING AT LOT 318, WHILE THERE HAD BEEN SUB- STANIAL FILLING & CONSTRUCTION ON OTHER PORTIONS OF THE RIDGE ROAD DEVELOPMENT. LOT 318 IS THAT PORTION OF THE RIDGE ROAD DEVELOPMENT WHICH IS IMMEDIATELY ADJACENT TO FOWL ING GUT, A TIDALLY INFLUENCED WATER BODY. EPA SEEKS INJUNC- TIVE RELIEF PROHIBITING ANY FURTHER FILLING AT THESE SITES AND PENALTIES FOR THE UNLAWFUL FILLING WHICH HAS ALREADY OCCURRED.

Defendants (2)

• TULL, E LNamed in complaintNamed in settlement
• TULL, L ANamed in complaintNamed in settlement

Facilities (3)

• INLET VIEW CAMPGROUNDS

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

  Registry ID: 110010584634

• SOUTH MAIN STREET

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

  Registry ID: 110010611926

• BUNKER HILL CAMPGROUND

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

  Registry ID: 110010611935

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• TULL, EDWARD L. AND LOUISE A.entered 1988-06-03

  Primary law: CWA

  Federal penalty: $25,000

Timeline (8 milestones)

• 1985-03-29Enforcement Action Data Entered
• 1985-03-29Referred To Headquarters
• 1985-04-23Referred To Dept Of Justice
• 1985-09-18Complaint Filed With Court
• 1988-06-03Final Order Lodged
• 1988-06-03Final Order Entered
• 1988-06-03Concluded
• 1990-10-25Enforcement Action Closed