EPA v. PAULDING PROPERTIES, INC., P12025 LLC

Case summary

8/21/2007 - CONSENT AGREEMENT AND COMPLIANCE ORDER ISSUED. ORDER ALLEGES; BASED UPON A SITE INVESTIGATIN PERFORMED BY EPA ON NOVEMBER 21, 2003, AND ADDITIONAL INFORMATION GATHERED FROM OTHER SOURCES, EPA DETEREMINE THAT P12025 AND PAULDING PROPERTIES DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. AT MULTIPLE LOCATIONS IN THE DISCHARGE AREA. THE DISCHARGES RESULTED FROM THE PLACEMENT OF STRUCTURE, FILLING, PIPING AND IMPOUNDMENT OF TRIBUTARIES 9STREAMS) AND WETLANDS, WHILE CONSTRUCTING INFRASTRUCTURE FOR A RESIDENTIAL DEVELOPMENT. THESE JURISDICTION WATES INCLUDE UNNAMED STREAMS AND ADJACENT WETLANDS OF COLE LAKE, AN IMPOUNDMENT OF LANE CREEK, WHICH IS A TRIBUTARY OF PUMPKINVINE CREEK IN THE ETOWAH RIVER WATERSHED. ON 9/24/04, EPA SENT P12025 AN ADMINISTRATIVE ORDER DETAILING THE RESULTS OF THE INSPECTION AND REQUESTING THAT SPECIFIC ACTIONS BE TAKEN AT THE SITE. P12025 COMPLIED WITH THE ORDER. EPA ALSO DOCUMENTED SUBSTANTIAL SECONDARY IMPACTS (SEDIMENTATION) TO OTHER ONSITE AND DOWNSTREAM WATERS BECAUSE OF THE FAILURE TO IMPLEMENT NO CWA SECTION 404 PERMIT HAS BEEN ISSUED BY THE U.S. ARMY CORPS OF ENGINEERS THAT AUTHORIZED THE RESPONDENTS TO CONDUCT THE ABOVE ACTIVITIES IN WATERS OF THE U.S.

Defendants (2)

• PAULDING PROPERTIES, INC.Named in settlement
• P12025, LLCNamed in settlement

Facilities (1)

• WETLANDS (HAPPY VALLEY SUBDIVISION)

  HAPPY VALLEY CHURCH ROAD, DALLAS, GA, 30132

  Registry ID: 110028236068

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• PAULDING PROPERTIES, INC., P12025 LLCentered 2007-08-21

  Primary law: CWA

Timeline (2 milestones)

• 2007-08-21Final Order Issued
• 2007-09-12Enforcement Action Data Entered