EPA v. BEECH TREE PARK, INC., ET. AL.

Case summary

DIRECT REFERRAL SENT TO DOJ FOR VIOLATIONS AT THE BOSHER FARMS SITE UNDER SECTION 309, 404 & 504 OF CWA. DEFENDANTS SEA BAY DEVELOPMENT, INC., BEECH TREE PARK, INC., FRANK T. WILLIAMS FARM, INC., FERREL'S BACKHOE SERVICE, INC., AND ELWOOD PERRY, OWNERS AND/OR OPERATORS OF THE BOSHER FARM SITE, DISCHARGED DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES WITHOUT A U.S. ARMY CORPS OF ENGINEERS PERMIT IN VIOLATION OF SECTION 404 OF THE ACT. IN ADDITION, DITCHING OPERATIONS AT THE SITE HAVE CAUSED FLOODING IN SURROUNDING AREAS, INCLUDING A NEARBY HOUSING DEVELOPMENT RESULTING IN IMPACTS TO PUBLIC HEALTH AND THE ENVIRONMENT UNDER SECTION 504 OF THE ACT. THE REFERRAL SEEKS THE STATUTORY MAXIMUM OF $10,037,500 IN PENALTIES ALONG WITH INJUNCTIVE RELIEF IN THE FORM OF RESTORATION OF THE SITE.

Defendants (7)

• BEECH TREE PARK, INC.Named in complaintNamed in settlement
• FERREL'S BACKHOE SERVICE, INC.Named in complaint
• PERRY, ELWOODNamed in complaintNamed in settlement
• SEA BAY DEVELOPMENT, INC.Named in complaintNamed in settlement
• WILLIAMS, FRANK T. FARM, INC.Named in complaintNamed in settlement
• NORTH CAROLINA, INC.Named in complaint
• GREEN SEA FARMSNamed in complaintNamed in settlement

Facilities (1)

• BOSHER FARMS SITE

  E OF SHILLELAGH RD & W OF JOHNSTOWN RD, CHESAPEAKE, VA, 23323

  Registry ID: 110013724853

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (3)

• BEECH TREE PARK, INC. (WILLIAMS, FRANK T. FARM, INC)entered 2008-01-16

  Primary law: CWA

  Federal penalty: $35,000

• BEECH TREE PARK, INC. (PERRY, ELWOOD)entered 2008-01-16

  Primary law: CWA

  Federal penalty: $65,000

• BEECH TREE PARK, INC. (SEA BAY, ET. AL.)entered 2008-01-16

  Primary law: CWA

Timeline (7 milestones)

• 2000-04-27Referred To Dept Of Justice
• 2000-04-28Enforcement Action Data Entered
• 2006-11-02Complaint Filed With Court
• 2007-10-26Final Order Lodged
• 2008-01-16Concluded
• 2008-01-16Final Order Entered
• 2010-10-20Enforcement Action Closed