EPA v. GANN, HOWARD

Case summary

5/20/04 - ADMINISTRATIVE COMPLAINT FILED, PROPOSING A PENALTY OF $27,500. ALLEGATIONS: SOMETIME BETWEEN JANUARY 1, 2000 AND JULY 2003, RESPONDENT AND/OR AGENTS ACTING ON BEHALF OF RESPONDENT, OWNED AND/OR OPERATED MECHANIZED EARTH MOVING EQUIPMENT WHICH WERE USED TO DISCHARGE DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. WITHOUT A 404 PERMIT. RESPONDENT AND/OR AGENTS ACTING ON BEHALF OF RESPONDENT UTILIZED THE EQUIPMENT TO DISCHARGE DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. THAT ARE ADJACENT TO COTTON BAYOU AND BAYOU ST. JOHN AND CONTIGUOUS TO THE GULF OF MEXICO. THESE DISCHARGES OCCURRED DURING UNAUTHORIZED MECHANIZED LAND-CLEARING, EXCAVATION OF DITCHES WITH SIDE CASTING OF DREDGED AND/OR FILL MATERIAL, AND FILLING ACTIVITIES DURING SITE PREPARATION FOR A COMMERCIAL DEVELOPMENT. THE WORK WAS CONDUCTED WITHOUT A CWA SECTION 404 U.S. ARMY CORPS OF ENGINEERS PERMIT. THE DISCHARGE OCCURRED AT A LOCATION OFF OF CANAL ROAD/STATE ROAD 180, IN THE CITY OF ORANGE BEACH, BALDWIN COUNTY, A

Defendants (1)

• GANN, HOWARDNamed in complaintNamed 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, HOWARDentered 2004-12-28

  Primary law: CWA

  Federal penalty: $5,000

Timeline (3 milestones)

• 2004-05-20Complaint Filed/Proposed Order
• 2004-06-25Enforcement Action Data Entered
• 2004-12-28Final Order Issued