EPA v. GANN, HOWARD

Case summary

1/30/04 - CONSENT AGREEMENT ISSUED. ORDER REQUIRES: 1. RESPONDENT SHALL IMMEDIATELY CEASE PARTICIPATING IN, CAUSING, OR ALOWING ANY ADDITIONAL DISCHARGES OF ANY DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S., EXCEPT HAS AUTHORIZED BY A VALID PERMIT ISSUED BY THE COE PURSUANT TO SECTION 404 OF THE CWA, OR AS SPECIFICALLY REQUIRED IN ORDER TO IMPLEMENT A RESTORATION PLAN APPROVED PURSUANT TO THIS AGREEMENT. 2. RESPONDENT SHALL SUBMIT A WETLANDS RESTORATION PLAN TO EPA WITHIN 15 DAYS DESCRIBING HOW THE RESPONDENT INTENDS TO RESTORE THE DISCHARGE AREA TO PRE-PROJECT ELEVATIONS AND CONDITIONS. THIS RESTORATION PLAN SHALL INCLUDE THE SCOPE OF ACTIVITIES THE RESPONDENT WILL UNDERTAKE INCLUDING BEST MANAGEMENT PRACTICES (BMPs) TO PREVENT ADDITIONAL DISCHARGES INTO WATERS OF THE U.S. ONCE EPA PROVIDES APPROPRIATE REVIEW AND COMMENT ON THE SUBMITTED RESTORATION PLAN, RESPONDENT WILL INCORPORATE ANY SUCH COMMENTS INTO A REVISED RESTORATION PLAN. WITHIN 30 DAYS FROM THE DATE RESPONDENT RECEIVES EPA'S COMMENTS ON THE RESTORATION PLAN, RESPONDENT SHALL IMPLEMENT MEASURES TO RESTORE THE DISCHARGE AREA IN ACCORDANCE WITH THE RESTORATION PLAN. 3. RESPONDENT SHALL SUBMIT DOCUMENTATION OF THE COMPLETED RESTORATION AT THE DISCHARGE AREA WITHIN 30 DAYS FROM COMPLETION.

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 (CONSENT AGREEMENT)entered 2004-01-30

  Primary law: CWA

Timeline (2 milestones)

• 2004-01-30Final Order Issued
• 2004-02-20Enforcement Action Data Entered