EPA v. REID, MARK

Case summary

8/9/06 - ADMINISTRATIVE COMPLIANCE ORDER, INFORMATION REQUEST LETTER 308-06-025 ISSUED. ORDER ALLEGES: AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM FEBRUARY 22, 2006, TO MAY 15, 2006, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENTS. EACH DISCHARGE BY THE RESPONDENTS OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, IS A VIOLATION OF SECTION 301(a) OF THE CWA, 33 U.S.C. SECTION 1311(a). RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL DISCHARGES OF ANY DREDGED OR FILL MATERIAL , AS DEFINED BY 40 CFR SECTION 232.2, INTO THE DISCHARGE AREA. RESPONDENT SHALL SUBMIT A RESTORATION PLAN TO EPA DESCRIBING THE SCOPE OF ACTIVITIES TO BE UNDERTAKEN, INCLUDING APPROPRIATE BEST MANAGEMENT PRACTICES TO BE EMPLOYED, TO RESTORE THE DISCHARGE AREA TO PRE-PROJECT ELEVATIONS AND CONDITIONS WITHIN THIRTY DAYS OF RECEIPT OF THIS ORDER. WITHIN FORTY-EIGHT HOURS OF RECEIVING THIS COMPLIANCE ORDER, THE RESPONDENTS WILL NOTIFY THE EPA REPRESENTATIVE WHETHER OR NOT, THE RESPONDENTS INTEND TO COMPLY WITH THIS COMPLIANCE ORDER.

Defendants (2)

• REID CONSTRUCTION COMPANY (SB)
• REID, MARK (SB)Named in settlement

Facilities (1)

• REID CONSTRUCTION COMPANY

  NORTH SIDE OF HIGHWAY 72, KILLEN, AL, 35645

  Registry ID: 110028195799

Statutes cited

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

Enforcement conclusions (1)

• REID, MARK (REID CONSTRUCTION COMPANY)entered 2006-08-29

  Primary law: CWA

Timeline (2 milestones)

• 2006-08-29Final Order Issued
• 2006-09-26Enforcement Action Data Entered