EPA v. WINDWARD PROPERTIES, INC.

Case summary

THIS IS A PRE-REFERRAL NEGOTIATION FOR WETLANDS VIOLA- TIONS IN ALPHARETTA, GEORGIA, JUST NORTH OF THE CITY OF ATLANTA. VIOLATIONS INCLUDE DESTRUCTION OF ABOUT 145 ACRES OF BOTTOMLAND HARDWOOD WETLANDS AND ABOUT 2 MILES OF FLOWING STREAM/RIVERINE HABITAT. TWO ADMINISTRATIVE ORDERS UNDER SECTION 309(A) HAVE BEEN ISSUED FOR RESTORATION OF ONE 10-ACRE SITE, AND RESTORATION WORK THERE IS UNDERWAY. THE VIOLATOR, WINDWARD PROPERTIES, IS A SUBSIDIARY OF MOBIL LAND DEVELOPMENT CORP., A SUBSIDARY OF MOBIL OIL. WINDWARD APPROACHED THE REGION INTERESTED IN SETTLEMENT WHEN WE INFORMED THEM THAT A REFERRAL WAS BEING PREPARED. THE REGION PROPOSES TO OPEN NEGOTIATIONS AT $2.5 MILLION PENALTY PLUS MITIGATION FOR 120 ACRES OF WETLANDS THAT CANNOT BE RESTORED.

Defendants (1)

• WINDWARD PROPERTIES, INC.Named in complaintNamed in settlement

Facilities (1)

• WINDWARD PROPERTIES INC

  WINDWARD PKWY, ALPHARETTA, GA, 30201

  Registry ID: 110010719598

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material
• CWA 301A — Clean Water Act

Enforcement conclusions (1)

• WINDWARD PROPERTIES, INC.entered 1993-05-04

  Primary law: CWA

  Federal penalty: $75,000

Timeline (8 milestones)

• 1988-12-26Enforcement Action Data Entered
• 1990-03-30PRN Sent
• 1990-09-27Referred To Dept Of Justice
• 1991-02-14Complaint Filed With Court
• 1993-05-04Final Order Lodged
• 1993-05-04Final Order Entered
• 1994-02-23Concluded
• 1996-07-04Enforcement Action Closed