EPA v. SMITH, GRADY; SMITH, C.W.

Case summary

RESPONDENT HAVE DISCHARGED OR CAUSED TO BE DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. AND THEIR ADJACENT WETLANDS AT A SITE LOCATED IN THE LAKE BED OF FORMER LAKE CARLTON, LAKE CARLTON ROAD, GWINNETT COUNTY, GA. THE VIOLATION CONSISTS OF DITCHING, SIDECASTING AND EXTENSIVE EARTH MOVEMENT TO DRAIN THE LAKE BED AND CONSTRUCT A NEW ROAD IN THE LAKE BED OF THE FORMER LAKE CARLTON. ORDER REQUIRES: RESPONDENTS SHALL IMMEDIATELY CEASE PARTICIPATING IN OR CAUSING ANY ADDITIONAL DISCHARGES INTO THE DISCHARGE AREA OF ANY POLLUTANT. WITHIN 48 HOURS OF RECEIPT OF ORDER, RESPONDENTS SHALL INFORM EPA, BY TELEGRAM OR EXPRESS MAILING SERVICE, WHETHER RESPONDENTS HAVE COMPLIED WITH THE IMMEDIATELY PRECEDING PARAGRAPH OF THIS ORDER. RESPONDENTS HALL PERFORM IN ACCORDANCE WITH TEH 1987 U.S. CORPS OF ENGINEERS MANUAL ON WETLANDS DELINEATION, AND PROVIDE TO EPA WITH 30 DAYS OF RECEIPT OF THE ORDER A JURISDICTIONAL DELINEATION OF ALL WETLANDS IN THE BOUNDARIES OF THE FORMER LAKE CARLTON. WITHIN 30 DAYS OF RECEIPT OF THIS ORDER, RESPONDENTS SHALL PROVIDE EPA A PLAN FOR RESTORATION OF ALL WATERS OF THE U.S. WITHIN THE CONFINES OF FORMER LAKE CARLTON IMPACTED BY THE RESPONDENT'S ACTIONS.

Defendants (2)

• SMITH, C.W.
• SMITH, GRADY

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Timeline (2 milestones)

• 1998-05-13Complaint Filed/Proposed Order
• 1998-10-01Enforcement Action Data Entered