EPA v. DAVID RAPP

Case summary

On January 14, 2025, the EPA Region 3 issued a Unilateral Administrative Order for Compliance ( UAO ) to David Rapp ( Respondent ), the owner and/or operator of property located at approximately 37.943459 N, -80.319624 W; on Pumpkin Center Road near the intersection with Pineland Drive in Greenbrier County, West Virginia (the Site ). Respondent discharged fill material to waters of the United States at the Site, including approximately 4,448 linear feet of relatively permanent tributaries and 0.74 acres of adjacent wetlands. To return to compliance, EPA requires Respondent to (1) cease and desist all discharges to waters of the United States at the Site, except in compliance with a CWA Section 404 or 402 permit, or in accordance with the plans submitted and approved pursuant to the UAO; (2) submit a restoration plan with specified requirements; (3) implement the restoration work identified in the restoration plan, as approved or modified by the EPA; and (4) monitor the restoration areas at the Site for a period of five years, conduct monitoring events at the Site twice per year, and submit to the EPA a monitoring report. The Site is in an area of EJ concern. The EPA has consulted with the West Virginia Department of Environmental Protection during the development of this action.

Defendants (1)

• DAVID RAPPNamed in settlement

Facilities (1)

• DAVID RAPP

  NEAR PUMPKIN CENTER ROAD (SOUTH OF PINELAND DR), RENICK, WV, 24966

  Registry ID: 110070923778

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• DAVID RAPPentered 2025-01-14

  Primary law: CWA

Timeline (2 milestones)

• 2025-01-14Final Order Issued
• 2025-01-15Enforcement Action Data Entered