EPA v. Gann, Howard (Cease & Desist Order)

Case summary

5/13/03 - CEASE AND DESIST ORDER ISSUED. RESPONDENT IS HOWARD GANN. THIS ORDER PERTAINS TO WETLANDS LOCATED ADJACENT TO COTTON BAYOU AND BAYOU STREET JOHN AND CONTIGUOUS TO THE GULF OF MEXICO, LOCATED OFF OF CANAL ROAD/STATE ROAD 180, IN ORANGE BEACH, BALDWIN COUNTY, AL. THIS DISCHARGES OCCURRED DURING EXCAVATION OF DITCHES AND FILLING ACTIVITIES WITHOUT CWA PERMITS INTO APPROX. 1.8 ACRES OF WETLANDS. THE UNAUTHORIZED WORK WAS PEFORMED BY OR AT THE DIRECTION OF MR. HOWARD GANN. ORDER REQUIRES: (1) RESPONDENT SHALL IMMEDIATELY CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL DISCHARGES OF ANY DREDGED OR FILL MATERIAL INTO THE DISCHARGE AREA. IN THE EVENT THAT RESPONDENT'S COMPLIANCE WITH ANY STATE REQUIREMENT CONFLICTS WITH THE TERMS OF THIS ORDER, RESPONDENT IS DIRECTED TO CONTACT THE EPA REPRESENTATIVE IDENTIFIED IN THE COVER LETTER TRANSMITTING THIS ORDER. (2) RESPONDENT SHALL STABLIZE THE SITE BY PLACEMENT OF SILT FENCES AND REGULAR MAINTENANCE OF SUCH SILT FENCES TO ENSURE NO FURTHER IMPACTS TO OCCUR TO WETLANDS AND/OR WATERS F THE U.S. DUE TO LACK OF SEDIMENT AND EROSION CONTROL. (3) WITHIN 48 HOURS OF RECEIPT OF THIS ORDER, RESPONDENT SHALL INFORM EPA WHETHER RESPONDENT INTENDS TO COMPLY WITH THIS ORDE

Defendants (1)

• GANN, HOWARDNamed in settlement

Facilities (1)

• WETLANDS (HOWARD GANN)

  CANAL ROAD/STATE ROAD 180, ORANGE BEACH, AL, 36560

  Registry ID: 110014423285

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• Gann, Howard (Cease & Desist Order)entered 2003-05-13

  Primary law: CWA

Timeline (2 milestones)

• 2003-05-13Final Order Issued
• 2003-05-14Enforcement Action Data Entered