EPA v. SPADE, TOMMY

Case summary

8/29/05 - COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE U.S. IN UNNAMED TRIBUTARIES OF HALE FORK AND HALE FORK OF STINKING CREEK, WHICH ARE TRIBUTARY TO ROAD FORK CREEK, NEAR THE CITY OF DEWEITT, IN KNOX COUNTY, KY. BASED ON INFORMATION OBTAINED FROM THE KY DIVISION OF WATER, EPA HAS DETERMINED THAT MR. TOMMY SPAKE AND/OR THOSE ACTING ON BEHALF OF OR WITH PERMISSION FROM THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. AT THE DISCHARGE AREA. THE DEPOSITION OF FILL MATERIAL OCCURRED DUE TO THE LACK OF BEST MANAGEMENT PRACTICES DURING TIMBER HARVESTING ACTIVITIES IN AND ALONG HALE FORK AND UNNAMED TRIBUTARIES TO HALE FORK. ORDER REQUIRES: RESPONDENT SHALL IMMEDIATELY CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL DISCHARGES OF ANY DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. WITHIN THE DISCHARGE AREA. WITHIN 48 HOURS OF RECEIPT OF THIS ORDER, RESPONDENT SHALL INFORM EPA WHETHER RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA. THE PLAN SHOULD INCLUDE MEASURES TO (A) STABILIZE THE SITE USING APPROPRIATE BEST MANAGEMENT PRACTICES; (B) REMOVE UNAUTHORIZED FILL MATERIAL WHICH WAS DEPOSITED BY RESPONDENT INTO WATERS OF THE U.S.; AND (C) RESTORE IMPACTED WATERS OF THE U.S. AT THE DISCHARGE AREA. EPA WILL REVIEW THE PLAN AND ADVISE THE RESPONDENT OF ANY DEFICIENCIES. THE RESPONDENT SHALL FINALIZE THE RESTORATION PLAN WITHIN 45 DAYS OF EPA APPROVAL

Defendants (1)

• SPADE, TOMMYNamed in settlement

Facilities (1)

• WETLANDS (TOMMY SPADE)

  OFF HWY 223 (HALE FORK & HALE FORK OF STINKING CRE, DEWITT, KY, 40930

  Registry ID: 110024266033

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• SPADE, TOMMYentered 2005-08-29

  Primary law: CWA

Timeline (2 milestones)

• 2005-08-29Final Order Issued
• 2005-09-14Enforcement Action Data Entered