EPA v. EDELEN, EDWARD J./THE LAKES OF MYRTLE BEACH, INC., SUBDIVISION

Case summary

PLACEMENT OF DREDGED OR FILL MATERIAL INTO WATERS OF THE U.S. AT 142 ACRES OF WETLANDS AT THE LAKE SUBDIVISION, SURFSIDE, SC. INDIVIDUAL DEFENDANT - EDWARD J. EDELEN, DEVELOPER RELIEF REQUESTED -- PARTIAL RESTORATION OF SOME IMPACTED WETLANDS SOUGHT, PLUS COMPENSATORY MITIGATION, PLUS CIVIL PENALTIES. SPECIAL FACTS OR CIRCUMSTANCES -- NSI BECAUSE WETLANDS. CONSENT DECREE shall apply to and bind the United States, Edward J Edelen and The Lakes of Myrtle Beach, Inc as well as all officers, directors, employees, and other representatives of The Lakes of Myrtle Beach, Inc when acting on behalf of The Lakes of Myrtle Beach Beach, Inc with regard to the Site or the obligations imposed by this Consent Decree, and all successors and assigns of The Lakes of Myrtle Beach, Inc; All obligations under this Consent Decree are joint and several; This Decree is the settlement of a disputed claim, and no party admits any liability for the underlying allegations or defenses; This Decree constitutes a complete and final settlement of all civil Clean Water Act claims against Defendants involving alleged violations occurring prior to the date of this Consent Decree in the developed and undeveloped portions of The Lakes subdivision; Defendants are enjoined from discharging any pollutant into waters of the United States at or near the Site unless such discharge complies with the CWA and its implementing regulations; Within thirty (30) days after the Court's entry of this Consent Decree, Defendants shall make a monetary payment to the United States Treasury in the amount of One Thousand Dollars ($1,000); Defendants agree to preserve 21.43 acres as wetlands in perpetuity, in accordance with the terms of an EPA-approved Wetlands Preseration Plan; No later than sixty (60) days after entry of this Consent Decree, Defendants will submit a proposed Wetlands Preservation Plan to EPA, with a copy to the Charleston District of the Corps (SEE ORDER); Mooting [22-1] motion to enlarge time to consummate settlement (signed by Judge Cameron M. Currie) MLD/EOD 7/20/99 (aric) (Entered: 07/20/1999

Defendants (2)

• EDELEN, EDWARD J. IIINamed in complaintNamed in settlement
• THE LAKES OF MYRTLE BEACH, INC.Named in complaintNamed in settlement

Facilities (1)

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• EDELEN, EDWARD J./THE LAKES OF MYRTLE BEACH, INC., SUBDIVISIONentered 1999-07-20

  Primary law: CWA

  Federal penalty: $1,000

Timeline (5 milestones)

• 1996-09-30Enforcement Action Data Entered
• 1997-10-14Referred To Dept Of Justice
• 1998-05-29Complaint Filed With Court
• 1999-05-03Final Order Lodged
• 1999-07-20Final Order Entered