EPA v. SHAWN CLAAR

Case summary

On April 8, 2020, the Division Director for ECAD signed an Administrative Order for Compliance on Consent requiring Respondent, Shawn Claar to mitigate for the unauthorized work on and around properties located at 11945 William Penn Road in Kimmel Township, Pennsylvania ( Site ). The Order requires removal of unauthorized fill material discharged into waters of the United States at the Site and restoration of the Site's environmental functions. Respondent's activities to construct a new parking and staging area at the Site resulted in the discharge of fill material without a permit to jurisdictional waters of the United States, including approximately 0.60 acres of floodplain wetlands and 25 linear feet of riparian streambanks associated with Boiling Spring Run, a tributary of the navigable Juniata River. Section 301(a) of the Clean Water Act (CWA), 33 U.S.C. 1311(a), prohibits discharges to waters of the United States, including dredge or fill material, without a permit from the U.S. Army Corps of Engineers ( Corps ). Section 309(a)(3) of the CWA, 33 U.S.C. 1319(a)(3) authorizes the U.S. Environmental Protection Agency (EPA) to issue an Administrative Order for Compliance whenever any person is in violation of any condition or limitation which implements, inter alia, Section 301(a) of the CWA. Mr. Claar has voluntarily entered into this Administrative Order for Compliance on Consent.

Defendants (1)

• SHAWN CLAARNamed in settlement

Facilities (1)

• SHAWN CLAAR

  11945 WILLIAM PENN ROAD, KIMMEL TOWNSHIP, PA, 16655

  Registry ID: 110070739676

Statutes cited

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

Enforcement conclusions (1)

• SHAWN CLAARentered 2020-04-08

  Primary law: CWA

Timeline (3 milestones)

• 2020-04-08Final Order Issued
• 2020-04-28Enforcement Action Data Entered
• 2022-06-03Enforcement Action Closed