EPA v. COWETA COUNTY BOARD OF COMMISSIONERS

Case summary

RESPONDENTS OWN, POSSESS, OR CONTROL PROPERTIES EXTENDING FROM TURKEY CREEK ROAD ON THE SOUTH TO LOWER FAYETTEVILLE ROAD ONTHE NORTH AND CROSSING BIG POPLAR ROAD ON THE EAST SIDE OF NEWNAN, GA. ON OR ABOUT JULY 22, 1997, A REP. FROM THE ARMY COE OBSERVED THE DISCHARGE ARE IN ORDER TO VERIFY THE WETLAND DELINEATION FOR THE PROJECT. THE COE FOUND THAT A 300-FOOT WIDE RIGHT OF WAY HAD ALREADY BEEN CLEARED AND PARTIALLY GRADED FOR THE ROAD, WETLANDS THAT HAD NOT BEEN DELINEATED BY THE RESPONDENT HAD BEEN IMPACTED AND THAT THERE WERE INADEQUATE SEDIMENT AND EROSION CONTROL MEASURES FOR THE SITE. THE COE ALSO NOTED THAT RECENT HEAVY RAINS CAUSED CONSIDERABLE MOVEMENT OF SOIL FROM THE DISCHARGE AREA TO ADJACENT STREAMS AND WETLANDS. EPA HAS DETERMINED THAT RESPONDENTS CONDUCTED LAND CLEARING AND EXCAVATING ACTIVITIES INCLUDING ACTIVITIES USING EQUIPMENT SUCH AS EARTH MOVING EQUIPMENT, AND HAS DISCHARGED DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA. RESPONDENTS DID NOT OBTAIN AND HAVE NOT OBTAINED A PERMIT ISSUED PURSUANT TO SECTION 404 OF THE CWA, FOR THE ACTIVITIES DESCRIBED HEREIN, INCLUDING THE DISCHARGE OF POLLUTANTS, OR DREDGED OR FILL MATERIAL INTO NAVIGABLE WATERS.

Defendants (1)

• COWETA COUNTY BOARD OF COMMISSIONERSNamed in complaintNamed in settlement

Facilities (1)

• WETLANDS

  EXTENDING FR/TURKEY CREEK TO LOWER FAYETTEVILLE RD, NEWNAN, GA, 30263

  Registry ID: 110010702944

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• COWETA COUNTY BOARD OF COMMISSIONERSentered 1998-08-31

  Primary law: CWA

Timeline (3 milestones)

• 1998-08-31Complaint Filed/Proposed Order
• 1998-08-31Final Order Issued
• 1998-10-05Enforcement Action Data Entered