EPA v. CORBETT PACKAGE CO.

Case summary

This case primarily involves violations of the Clean Water Act Section 402 NPDES storm water permitting requirement for discharges associated with construction activity, but also includes some violations of the Clean Water Act Section 404 permitting requirement for discharges of dredged and/or fill material. The violations occurred at a large tract in New Hanover County, North Carolina, where the defendants constructed an extensive ditch network in wetlands. The ditch construction involved land disturbance of more than five acres and therefore was subject to the NPDES permitting requirement for stormwater associated with construction activity. The defendants failed to obtain the necessary permit and sediment was discharged into and through the ditch network, in jurisdictional wetlands and into tributaries of Island Creek. In addition, some discharges of dredged and/or fill material were made into wetlands at the Site in connection with ditch construction. The Consent Decree (1) requires payment of a $10,000 penalty, (2) requires adoption of a Restrictive Covenant protecting a 100 acre parcel of land, and (3) prohibits the taking of any action that will alter existing hydrological characteristics at or convert to uplands, any wetlands at the Site (including wetlands beyond the 100 acre preservation area) without a Section 404 permit.

Defendants (19)

• CORBETT FARMING CO., INC.Named in complaintNamed in settlement
• CORBETT INDUSTRIES, INC.Named in complaintNamed in settlement
• CORBETT PACKAGE CO.Named in complaintNamed in settlement
• CORBETT, WALTER ALBERT, JR. (AS TRUSTEE)Named in complaintNamed in settlement
• CORBETT, WADDELL A.Named in complaintNamed in settlement
• HOWLE, RITA CORBETT (AS TRUSTEE)Named in complaintNamed in settlement
• CORBETT, DAVID SCOTT (AS TRUSTEE)Named in complaintNamed in settlement
• CORBETT, JOANNE K. (AS TRUSTEE)Named in complaintNamed in settlement
• HATCH, ELSIE, C.Named in complaintNamed in settlement
• HORTON, JOSEPHINENamed in complaintNamed in settlement
• CORBETT TIMBER COMPANYNamed in complaintNamed in settlement
• HIATT, SANDRA C.Named in complaintNamed in settlement
• HIATT, J. LAWRENCE, JR.Named in complaintNamed in settlement
• OLSEN, BARBARA C.Named in complaintNamed in settlement
• DAVIS, ROBERT THEODORE, JR.Named in complaintNamed in settlement
• DAVIS, JANE W.Named in complaintNamed in settlement
• DAVIS, MICHAEL CORBETTNamed in complaintNamed in settlement
• DAVIS, CATHERINE W.Named in complaintNamed in settlement
• KNIGHT, NANCY DAVISNamed in complaintNamed in settlement

Facilities (1)

• CORBETT SITE

  SIDBURY RD, WILMINGTON, NC, 28401

  Registry ID: 110040416706

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• CORBETT PACKAGE CO. (04-2010-C002)entered 2009-12-22

  Primary law: CWA

  Federal penalty: $10,000

Timeline (8 milestones)

• 2002-02-15Referred To Headquarters
• 2002-04-23Referred To Dept Of Justice
• 2002-04-25Enforcement Action Data Entered
• 2009-11-09Complaint Filed With Court
• 2009-11-09Final Order Lodged
• 2009-12-22Concluded
• 2009-12-22Final Order Entered
• 2011-04-11Enforcement Action Closed