EPA v. MML VENTURES, INC./LEO CALLIGARO

Case summary

7/23/03 - CONSENT AGREEMENT. THIS ORDER PERTAINS TO WETLANDS LOCATED ADJACENT TO LAKE POINSETT AND ST. JOHNS RIVER, IN SECTION 27, TOWNSHIP 24 SOUTH, RANGE 35 EAST, ADJACENT TO STATE ROAD 524, BREVARD COUNTY, FL AND NEAR 28 DEGREES 22.41' NORTH LATITUDE AND 80 DEGREES 48.56' WEST LONGITUDE. THIS DISCHARGES OCCURRED DURING UNAUTHORIZED MECHANIZED LAND CLEARING ACTIVITIES AND SIDE CASTING OF DREDGED AND/OR FILL MATERIAL AND PLACING DREDGED AND/OR FILL MATERIAL FOR THE PURPOSE OF CONSTRUCTING A ROAD INTO APPROX 60 ACRES OF WETLANDS WITHOUT A CWA PERMIT. THE DISCHARGE AREA IS ADJACENT TO A WOOD STORK, LITTLE BLUE HERON, AND SNOWY EGRET ROOKERY. THE UNAUTHORIZED WORK WAS PERFORMED BY OR AT THE DIRECTION OF MR. LEO CALLIGARO AND/OR MML VENTURES, INC. ORDER REQUIRES: (1) RESPONDENTS SHALL RESTORE THE DISCHARGE AREA TO FORMER ELEVATIONS AND VEGETATED CONDITIONS. RESPONDENTS SHALL SUBMIT A WETLAND RESTORATION PLAN TO INCLUDE: (A) ALL WETLANDS AND STREAMS TO BE RESTORED AND RE-VEGETATED WITH A PLAN DETAILING VEGETATIVE RESTORATION; (B) ALL DREDGED AND FILL MATERIAL DEPOSITED IN WATERS OF U.S. TO BE REMOVED; AND (C) A NARRATIVE DECRIBING THE SCOPE OF ACTIVITIES TO BE UNDERTAKEN, INCLUDING APPROPRIATE BEST MANAGEMENT PRACTICES TO BE EMPLOYED. THE WETLAND RESTORATION PLAN SHALL BE SUBMITTED FOR EPA REVIEW WITHIN 30 DAYS OF RECEIPT OF THIS ORDER. RESPONDENTS SHALL MAKE ANY MODIFICATIONS TO THE RESTORATION PLAN DIRECTED BY EPA AND COMPLETE SITE RESTORATION WITHIN 45 DAYS AFTER EPA APPROVES THE SUBMITTED RESTORATION PLAN. (2) WITHIN 48 HOURS OF RECEIPT OF THIS ORDER, RESPONDENTS SHALL INFORM EPA WHETHER RESPONDENTS INTEND TO COMPLY WITH THIS ORDER..

Defendants (2)

• MML VENTURES, INC.Named in settlement
• CALLIGARO, LEONamed in settlement

Facilities (1)

• WETLANDS (MML VENTURES, INC./LEO CALLIGARO)

  ADJACENT TO SR 524, COCOA, FL, 32922

  Registry ID: 110015770129

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• MML VENTURES, INC./LEO CALLIGAROentered 2003-07-23

  Primary law: CWA

Timeline (2 milestones)

• 2003-07-23Final Order Issued
• 2003-09-13Enforcement Action Data Entered