EPA v. BOSTIC, MARLOW ET. AL.

Case summary

THIS IS A PROPOSED CIVIL ACTION PURSUANT TO SECTION 309 OF THE CWA TO OBTAIN INJUNCTIVE RELIEF TO CEASE FURTHER DISCHARGE OF POLLUTANTS INTO POCOSIN WETLANDS AND TO COLLECT PENALTIES. DEFENDANTS DISCHARGE FUEL MATERIAL INTO 147 ACRE SITE OF POCOSIN WETLANDS IN ONSLOW COUNTY, NC. WITHOUT A COE (CORP OF ENGINEERS) PERMIT, AND CONTINUED TO DO SO AFTER ISSUANCE OF EPA SECTION 309 CWA ADMINISTRATIVE ORDERS. RESTORATION IS NOT TECHNICALLY FEASIBLE. EPA MET SUBSTANTIAL PENALTY FOR ECONOMIC BENEFIT AS WELL AS GRAVITY OF NEW VIOLATIONS. THIS CASE INVOLVES THE DESTRUCTION OF SIGNIFICANT POCOSIN WETLANDS ALONG THE NORTH CAROLINA COAST. DEFENDANTS SATISFACTORILY RESTORED A PORTION OF THE WETLANDS AND A CONSENT JUDGMENT SETTLING THE REMAINING ISSUES IN THE CASE WAS LODGED WITH THE COURT ON NOVEMBER 8, 1994. UNDER THE SETTLEMENT, THE DEFENDANTS WILL BE REQUIRED TO PAY A $60,000 CIVIL PENALTY AND TO PERFORM CERTAIN MITIGATION.

Defendants (4)

• BOSTIC, MARLOW F.Named in complaintNamed in settlement
• NORTH TOPSOIL WATER & SEWER, INC.Named in complaintNamed in settlement
• PAGE, ROGER JR.Named in complaintNamed in settlement
• PETTY, B.G.Named in complaintNamed in settlement

Facilities (1)

• BOSTIC MARLOW ET AL

  FOUR CORNERS STATE RD 172&210, SNEADS FERRY, NC, 28460

  Registry ID: 110010584304

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• BOSTIC, MARLOW ET. AL.entered 1994-11-08

  Primary law: CWA

  Federal penalty: $60,000

Timeline (6 milestones)

• 1990-10-01Enforcement Action Data Entered
• 1991-03-08Referred To Dept Of Justice
• 1992-07-17Complaint Filed With Court
• 1994-11-08Final Order Lodged
• 1994-11-08Final Order Entered
• 1996-09-20Enforcement Action Closed