EPA v. MACASINAG, ARTURO, DR.

Case summary

9/2/05 - CONSENT AGREEMENT ISSUED. THIS AGREEMENT PERTAINS TO WATERS OF THE U.S. ADJACENT TO BIG LAKE WHICH IS ADJACENT TO THE WACCAMAW RIVER, BEHIND DR. MACASINAG'S HOME LOCATED AT 932 COX FERRY CIRCLE, NEAR THE CITY OF CONWAY, HORRY COUNTY, SC. THE UNAUTHORIZED DISCHARGES OCCURRED DURING THE FILLING AND EXCAVATION OF FORESTED WETLANDS WITH SIDE CAST OF DREDGED AND/OR FILL MATERIAL INTO APPROX THREE-QUARTERS OF ONE ACRE OF FORESTED WETLANDS FOR RESIDENTIAL DEVELOPMENT. THE UNAUTHORIZED WORK WAS PERFORMED BY OR AT THE DIRECTION OF DR. ARTURO MACASINAG. ORDER REQUIRES: RESPONDENT SHALL COMMENCE IMPLEMENTATION OF THE JANUARY 2005 (REVISED JULY 2005) WETLAND RESTORATION PLAN, ARTURO MACASINAG, M.D., BY VENTURE ENTINEERING, INC. (PLAN), WITHIN 7DAYS. RESTORATION OF THE SITE SHALL BE COMPLETED WITHIN 60 DAYS. RESPONDENT SHALL CONTACT EPA WITHIN 7 DAYS OF COMPLETING SITE RESTORATION TO SCHEDULE AN EPA SITE VISIT. EPA WILL THEN SCHEDULE A SITE VISIT TO CONFIRM THAT RESTORATION IS COMPLETE IN ACCORDANCE WITH THE PLAN. EPA WILL EITHER CONFIRM THAT RESTORATION IS COMPLETE OR IDENTIFY ADDITIONAL WORK THAT IS NECESSARY TO FULLY IMPLEMENT THE REQUIREMENTS OF THE PLAN. RESPONDENT WILL COMPLETE ANY ADDITIONAL WORK NECESSARY TO FULLY IMPLEMENT THE PLAN, AS DIRECTED BY EPA, AT WHICH POINT RESOPNDENT WILL CONTACT EPA TO SCHEDULE ANOTHER INSPECTION. WITHIN 10 DAYS AFTER EPA HAS CONFIRMED THAT SITE RESTORATION HAS BEEN COMPLETED, RESPONDENT SHALL APPLY TO THE COE FOR A SECTION 404 PERMIT TO AUTHORIZE ANY REMAINING OR PROPOSED DREDGED AND/OR FILL MATERIAL IN WATERS OF THE U.S. AT THE DISCHARGE AREA. RESPONDENT SHALL COMPLY WITH ALL COE REQUIREMENTS FOR AUTHORIZATION. NOTHING IN THIS AGREEMENT IN ANY WAY BINDS THE COE OR RESTRICTS THE COE'S REGULATORY PROCESSES. THE COE HAS FULL DISCRETION TO REQUIRE ADDITIONAL INFO REGARDING JURISDICTIONAL WATERS AT THE DISCHARGE AREA OR ANY OTHER FACTOR IN CONNECTION WITH ITS PERMIT ACTION. SHOULD THE COE DENY AUTHORIZATION FOR THE FILL MATERIAL REMAINING IN PALCE, AND SHOULD THE RESPONDENT DECIDE NOT TO APPEAL THIS RULING, RESPONDENT WILL HAVE 30 DAYS FROM THE DATE OF DENIAL TO PROVIDE EPA A PLAN FOR REMOVAL OF ALL UNAUTHORIZED FILL MATERIAL ALONG WITH A NARRATIVE DESCRIBING THE RESTORATION OF ANY IMPACTED WETLANDS AND WATERS OF THE U.S. SHOULD THE COE ISSUE A PERMIT FOR THE REMAINING FILL MATERIAL AND ANY NEW WORK IN JURISDICTIONAL WATERS AT THE SITE, RESPONDENT SHALL PROVIDE EPA A COPY OF THE COE PERMIT AND ANY ADDITIONAL CONDITIONS AND ATTACHMENTS WITHIN 20 DAYS OF AUTHORIZATION

Defendants (1)

• MACASINAG, ARTURO, DR.Named in settlement

Facilities (1)

• WETLANDS (DR. ARTURO MACASINAG)

  932 COX FERRY CIRCLE (ADJ. TO BIG LAKE), CONWAY, SC, 29626

  Registry ID: 110017346763

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• MACASINAG, ARTURO, DR.entered 2005-09-02

  Primary law: CWA

Timeline (2 milestones)

• 2005-09-02Final Order Issued
• 2005-09-22Enforcement Action Data Entered