EPA v. DUVALL, JEFF

Case summary

3/31/04 - COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. FOR THE UNAUTHORIZED PIPING OF A STREAM LOCATED ON THE EAST SIDE OF OLD 441 BETWEEN JOE DAVID ROAD AND LEANING CHIMNEY ROAD, NEAR THE CITY OF CLAYTON, RABUN COUNTY, GA. MORE SPECIFICALLY, THE IMPACTS ARE LOCATED IN AN UNNAMED TRIBUTARY OF STOKOA CREEK. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING LEVELING OF THE PROPERTY. ALLEGATIONS: COMMENCING ON OR ABOUT FEBURARY 1, 2004, TO THE PRESENT, RESPONDENT OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS ON THE DISCHARGE AREA USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH LEVELING THE PROPERTY. RESPONDENT IMPACTED APPROX 1,000 LINEAR FEET OF AN UNNAMED TRIBUTARY TO STEKOA CREEK, WHICH FEEDS INTO THE CHATTOOGA RIVER, A TRIBUTARY OF THE TUGALOO RIVER, WHICH EMPTIES INTO LAKE HARTWELL, THE BEGINNING OF THE SAVANNAH RIVER, A NAGIGABLE-IN-FACT WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL ON THE DISCHARGE AREA FROM FEBRUARY 1, 2004 TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. ORDER REQUIRES: A. RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL DISCHARGES OF ANY DREDGED OR FILL MATERIAL INTO WATER OF U.S. WITHIN THE DISCHARGE AREA. B. WITHIN 48 HOURS OF RECEIVING THIS ORDER, RESPONDENT WILL NOTIFY EPA WHETHER OR NOT RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. C. WITHIN 20 DAYS, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA. THE PLAN SHOULD INCLUDE MEASURES TO ACCOMPLISH THE FOLLOWING (A) STABILIZE 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. D. RESPONDENT SHALL THEN SUBMIT TO EPA THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OF RECEIVING EPA COMMENTS.

Defendants (1)

• DUVALL, JEFFNamed in settlement

Facilities (1)

• WETLANDS (JEFF DUVALL)

  20 ICE PLANT ROAD, CLAYTON, GA, 30525

  Registry ID: 110028126285

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• DUVALL, JEFFentered 2006-03-31

  Primary law: CWA

Timeline (2 milestones)

• 2006-03-31Final Order Issued
• 2006-04-13Enforcement Action Data Entered