EPA v. SMITH FARM ENTERPRISE, LLC

Case summary

A Consent Decree has been lodged in the U.S. District Court for the Eastern District of Virginia that. Upon entry, the Consent Decree will resolve the CWA Section 301, 402, and 404 violations asserted in the longstanding Smith Farm matter. This matter commenced with an Administrative Penalty Order (Dkt. No. CWA-03-2001-0022) filed in 2001. The Environmental Appeals Board issue a decision in March 2011 assessing a penalty for violations of Section 301 of the CWA in the form of unauthorized discharges of fill material and stormwater associated with construction activity in connection with efforts to ditch and drain forested wetlands on the Smith Farm Site in Chesapeake and Suffolk, Virginia. Smith Farm Enterprises, LLC filed a Petition for Review in the U.S. Court of Appeals for the Fourth Circuit (Dkt. No. 11-1355). Upon entry of the Consent Decree in district court, Smith Farm will withdraw the Petition for Review. Entry of the Consent Decree is conditioned upon issuance of a Virginia state permit covering certain aspects of the injunctive relief.

Defendants (1)

• SMITH FARM ENTERPRISE, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• SMITH FARMS TRACT

  N PORTSMOUTH BLVD, R 337 SHOULDERS HILL RD,S RT 17, CHESAPEAKE, VA, 23321

  Registry ID: 110010714600

Statutes cited

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

Enforcement conclusions (1)

• SMITH FARM ENTERPRISE, LLCentered 2013-10-02

  Primary law: CWA

  Federal penalty: $10,000

Timeline (6 milestones)

• 2012-09-28Referred To Dept Of Justice
• 2012-10-03Enforcement Action Data Entered
• 2013-01-16Complaint Filed With Court
• 2013-01-16Final Order Lodged
• 2013-10-02Final Order Entered
• 2013-10-02Concluded