EPA v. WRIGHT BROTHERS CONSTRUCTION COMPANY

Case summary

THIS ENFORCEMENT ACTION IS A REFERRAL TO DOJ AGAINST WRIGHT BROTHERS CONSTRUCTION COMPANY AND THE GA DEPT OF TRANSPORTATION (GDOT), WHICH PIPED SEVERAL PERENNIAL HEADWATER PRIMARY TROUT STREAMS IN THE NORTH GA MOUNTAINS WITHOUT OBTAINING ANY FEDERAL OR STATE AUTHORIZATION TO DO SO. THESE VIOLATION STEM FROM ROAD-WIDENING PROJECTS ON US 76 AND US 441 IN RABUN COUNTY, GA. THE OBLIGATIONS OF THE DEFENDANTS UNDER THIS CD ARE JOINT AND SEVERAL. ALL RESTORATION WORK TO BE COMPLETED AS PART OF THE CD WILL BE COMPLETED IN ACCORDANCE WITH THE SPECIFICATIONS OUTLINED IN APPENDIX E OF THE CD. ONCE THE RESTORATOIN WORK IS COMPLETED, WRIGHT BROS AND/OR GDOT MUST PROVIDE WRITTEN NOTIFICATION TO THE U.S. PENALTY: - DEFENDANTS AGREED TO PAY A $1.5 MILLION PENLATY TO THE U.S. - WITHIN 30 DAYS, DEFENDANTS WILL PAY $1,100,00. - WITHIN 365 DAYS, DEFENDANTS WIL PAY THE REMAINING $400,000. - IF THE PENALTY ($1.5 MILLION) IS NOT PAID IN FULL WITHIN 30 DAYS, DEFENDANTS WILL BE LIABLE FOR INTEREST ON THE UNPAID PORTION OF THE PENALTY ($400,000). - DEFENDANTS CANNOT DEDUCT ANY PENALTY PAID UNDER THE CD ON THE FEDERAL INCOME TAX. INJUNCTIVE RELIEF: - PROHIBITORY INJUNCTION-FOR SIX YRS, DEFENDNATS ARE ENJOINED FROM DISCHARGING ANY POLLUTANTS INTO THE TALLULAH RIVER WATERSHED UNLESS THE DISCHARGE EOMPLIES WITH THE CWA. - JONES BRANCH-WRIGHT BROS (AND/OR GDOT) SHALL REMOVE THE ENTIRE PIPE FROM, AND RESTORE THE BED AND BANK OF JONES BRANCH AND THE PERSIMMON RD SITE. - ACORN CREEK-WRIGHT BROS (AND/OR GDOT) SHALL REMOVE 30 LINEAR FEET OF PIPE FROM AND RESTORE THE BED AND BAK OF ACORN CREEK AT THE BRADSHAW/SHEEHAN SITE. - MONITORING AND MAINTENANCE-WRIGHT BROS (AND/OR GDOT) SHALL MONITOR AND MAINTAIN RELEVANT PORTIONS OF JONES BRANCH AND ACORD CREEK FOR 5 YRS UNLESS THE SUCCESS CRITERIA SET FORTH IN THE CD ARE MET FOR 3 CONSECUTIVE YRS, IN WHICH CASE THE MONITORING AND MAINTENANCE OBLIGATIONS CEASE. - MITIGATION CREDITS-DEFENDANTS AGREE TO PURCHASE 16,920 MITIGATION CREDITS AS FOLLOWS: A. PURCHASE 7,000 MIT CREDITS WITHIN 40 DAYS. B. NLT MAY 17, 2012, WRIGHT BROS (AND/OR GDOT) SHALL SUBMIT THE NAME OF AN APPROVED BANK IN THE PRIMARY SERVICE AREA FOR PURCHASING AN ADD'L 5,000 MITIGATION CREDITS, AND WITHIN 10 DAYS OF EPA'S APPROVAL OF THE BANK, DEFENDANTS SHALL PURCHASE THE CREDITS. C. NLT NOV 17, 2012, DEFENDANTS SHALL SUBMIT THE NAME OF AN APPROVED BANK IN THE PRIMARY SERVICE AREA FOR PURCHASING AN ADD'L 4,920 MITIGATION CREDITS AND WITHIN 10 DAYS OF EPA'S APPROVED OF THE BANK, DEFENDANTS SHALL PURCHASE THE CREDITS. DEFENDANTS AHLL SUBMIT A TOTAL OF SEVEN MONITORING AND MAINTENANCE REPORTS TO EPA FOR REVIEW. FIRST REPORT IS DUE 6 MONTHS AFTER COMPLETING THE WORK IN JONES BRANCH AND ACORD CREEK (WHICHEVER IS EARLIER); ADD'L REPORTS ARE DUE: 6 MONTHS AFTER THE FIRST REPORT; 1 YR AFTER FIRST REPORT; 1.5 YRS AFTER FIRST REPORT; 2.5 YRS; 3.5 YRS; AND 4.5 YEARS AFTER FIRST REPORT. THE US AND ITS REPS SHALL HAVE THE RIGHT OF ENTRY INTO THE PERSIMMON ROAD SITE, THE BRADSHAW/SHEEHAN SITE, OR ANY OTHER SITE RELEVANT TO THE WORK IN JONES BRANCH AND ACORD CREEK UPON PRESENTATION OF CREDENTIALS TO ASSESS DEFENDANTS' COMPLIANCE WITH THE CD AND TO INPSDCT AND REVIEW ANY RECORDS KEPT UNDER THE CD.

Defendants (2)

• WRIGHT BROTHERS CONSTRUCTION COMPANY (SB)Named in complaintNamed in settlement
• GEORGIA DEPARTMENT OF TRANSPORTATIONNamed in complaintNamed in settlement

Facilities (5)

• WETLANDS (LOUDERMILK SITE) (WRIGHT BROTHERS CONSTRUCTION COMPANY)

  US 441, CLAYTON, GA, 30526

  Registry ID: 110045462067

• WETLANDS (WRIGHT BROTHERS CONSTRUCTION COMPANY)

  PERSIMMON ROAD, CLAYTON, GA, 30525

  Registry ID: 110020900532

• WETLANDS (WRIGHT BROTHERS CONSTRUCTION COMPANY)

  PERSIMMON ROAD, CLAYTON, GA, 30525

  Registry ID: 110020900532

• WETLANDS (TURPIN SITE) (WRIGHT BROTHERS CONSTRUCTION COMPANY)

  ROCK MOUNTAIN ROAD, CLAYTON, GA, 30525

  Registry ID: 110045462030

• WETLANDS (SHEEHAN/BRADSHAW SITE) (WRIGHT BROTHERS CONSTRUCTION COMPANY)

  US 76, CLAYTON, GA, 30526

  Registry ID: 110045462058

Statutes cited

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

Enforcement conclusions (1)

• WRIGHT BROTHERS CONSTRUCTION COMPANY (04-2012-C008)entered 2012-01-26

  Primary law: CWA

  Federal penalty: $1,500,000

Timeline (8 milestones)

• 2006-09-28Referred To Dept Of Justice
• 2006-09-30Enforcement Action Data Entered
• 2009-02-13Supplemental Referral-Adding parties, counts
• 2011-12-07Complaint Filed With Court
• 2011-12-12Final Order Lodged
• 2012-01-26Final Order Entered
• 2012-01-26Concluded
• 2017-04-05Enforcement Action Closed