EPA v. BOB HATTAWAY INVESTMENT CORPORATION (WETLANDS)

Case summary

5/4/06 - CONSENT AGREEMENT AND FINAL ORDER (CAF0) ISSUED, ASSESSING A PENALTY OF $50,000. RESPONDENT SHALL MAKE PAYMENT WITHIN SIX MONTHS (11/06). ALLEGATIONS: COMMENCING ON OR ABOUT JULY 1998 TO PRESENT, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE DISCHARGE AREA USING VARIOUS EARTH MOVING MACHINERY. THE RESPONDENT'S UNAUTHORIZED ACTIVITIES WERE ASSOCIATED WITH THE CLEARING AND FILLING OF WETLANDS TO TRANSISTION THE PROPERTY FROM FRETRY TO AGRICULTURAL USE. RESPONDENT IMPACTED APPROXIMATELY 35.9 ACRES OF WETLANDS THAT ARE HYDROLOGICALLY CONNECTED TO THE ST. JOHNS RIVER, A NAVIGABLE WATER OF THE UNITED STATES. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL ON THE DISCHARGE AREA FROM JULY 1998 TO PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, IS A VIOLATION OF SECTION 301(a).

Defendants (1)

• BOB HATTAWAY INVESTMENT CORPORATION (SB)Named in complaintNamed in settlement

Facilities (1)

• WETLANDS (ROBERT HATTAWAY)

  ADJACENT TO STATE ROAD 46, LAKE MONROE, FL, 32747

  Registry ID: 110024284601

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• BOB HATTAWAY INVESTMENT CORPORATION (WETLANDS)entered 2006-05-04

  Primary law: CWA

  Federal penalty: $50,000

Timeline (4 milestones)

• 2006-05-04Complaint Filed/Proposed Order
• 2006-05-04Final Order Issued
• 2006-05-11Enforcement Action Data Entered
• 2006-05-31Enforcement Action Closed