EPA v. BRELAND, CHARLES K., D/B/A BRELAND BUILDERS, INC.

Case summary

RESPONDENT USED A BULL DOZER AND OTHER MECHANIZED EQUIPMENT TO IMPACT 3 ACRES OF FORESTED WETLANDS WITHOUT A SECTION 404 PERMIT. RESPONDENT UTILTIZED THE MECHANIZED EQUIPMENT TO MECHANICALLY CLEAR AND DISCHARGEFILL MATERIAL INTO FORESTED WETLANDS DURING PREPARATION OF A RESIDENTIAL DEVELOPMENT ADJACENT TO TURKEY BRANCH. THE RESPONDENT FAILED TO ADEQUATELY CONTROL EROSION OF SEDIMENT ON THE SITE WHICH LED TO SEDIMENT ERODING INTO TURKEY BRANCH WHICH IS ADJACENT TO TURKEY CREEK. THE FORESTED WETLANDS AND WATERS OF THE U.S. ARE LOCATED NEAR 30 DEGREES 38.567' LATITUDE AND 87 DEGREES 49.990' LONGITUDE, BALDWIN COUNTY, ALABAMA. REDS NO. 2000-0302 553 87736. CONSENT AGREEMENT AND FINAL ORDER - 1/5/2000 PENALTY ASSESSED $15,000. RESPONDENT SHALL MAKE PAYMENTS OF $3,750, THE FIRST DAY OF EACH FOLLOWING QUARTER FOR A PERIOD NOT TO EXCEED TWELVE (12) MONTHS. REDS NO: 2000 030 255 387 736

Defendants (2)

• BRELAND BUILDERS, INC.Named in complaintNamed in settlement
• BRELAND, CHARLES K.Named in complaintNamed in settlement

Facilities (1)

• BRELAND BUILDERS, INC.

  BAY BRANCH ESTATES, MALBIS, AL, 36526

  Registry ID: 110010720835

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• BRELAND, CHARLES D/B/A BRELAND BUILDERS INC.entered 2000-01-05

  Primary law: CWA

  Federal penalty: $15,000

Timeline (3 milestones)

• 1999-11-03Complaint Filed/Proposed Order
• 2000-01-05Final Order Issued
• 2000-03-02Enforcement Action Data Entered