EPA v. STRAUB, GLENN

Case summary

3/8/06 - COMPLIANCE ORDER ISSUED. RESPONDENT, GLENN STRAUB, AT ALL TIMES RELEVANT TO THIS COMPLIANCE ORDER, WAS THE OWNER AND OPERATOR OF A TRACT OF LAND KNOWN AS PEACOCK POND, WEST OF SOUTHSHORE BLVD., IN SECTION 21, TOWNSHIP 44 SOUTH, RANGE 41 EAST, NEAR THE VILLAGE OF WELLINGTON, PALM BEACH COUNTY, FLORIDA. COMMENCING ON OR ABOUT JUNE 1, 2005, THE DATE OF AN ARMY COE SITE INSPECTION THAT DISCOVERED THE DISCHARGE, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE DISCHARGE AREA USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH TEH CLEARING AND FILLING OF WETLANDS. RESPONDENT IMPACTED APPROX 30 ACRES OF WETLANDS THAT ARE ADJACENT TO DITCHES THAT ARE TRIBUTARY TO THE EVERGLADES WHICH FLOW TO FLORIDA BAY, A NAVIGABLE-IN-FACT WATER OF THE U.S. ORDER REQUIRES: RESPONDENT SHALL CEASE & DESIST PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL DISCHARGES OF ANY DREDGED OR FILL MATERIAL AS DEFINED BY 40 CFR 232.2 INTO WATERS OF THE U.S. WITHIN THE DISCHARGE AREA. WITHIN 48 HOURS, THE RESPONDENT WILL NOTIFY EPA WHETHER OR NOT THE RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. WITHIN 30 DAYS FROM RECEIPT OF THIS COMPLIANCE ORDER, RESPONDENT SHALL PROVIDE A RESTORATION PLAN FOR HTE DISCHARGE ARE TO EPA. THE PLAN SHOULD INCLUDE MEASURES TO ACCOMPLISH THE FOLLOWING: (A) STABLIZE THE DISCHARGE AREA USING APPROPRIATE BEST MANAGEMENT PRACTICES; (B) REMOVE UNAUTHORIZED DREDGED OR FILL MATERIAL 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 PROVIDE COMMENTS ON THE PLAN TO THE RESPONDENT. THE RESPONDENT SHALL THEN SUBMIT TO EPA THE FINAL PLAN WITHIN 30 DAYS OF RECEIVING EPA COMMENTS.

Defendants (1)

• STRAUB, GLENN (SB)Named in settlement

Facilities (1)

• WETLANDS - PEACOCK POND (GLENN STRAUB)

  WEST OF SOUTHSHORE BLVD., WELLINGTON, FL, 33414

  Registry ID: 110028139529

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• STRAUB, GLENNentered 2006-03-08

  Primary law: CWA

Timeline (2 milestones)

• 2006-03-08Final Order Issued
• 2006-04-06Enforcement Action Data Entered