EPA v. PRICE, GROVER H., JR.

Case summary

7/8/08 - COMPLIANCE ORDER ISSUED. ORDER PERTAINS TO DESPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S., INCLUDING MECHANICAL LAND CLEARING AND FILLING OF FORESTED WETLANDS. RESPONDENT WAS THE OWNER AND OPERATOR OF THE PARCEL OF LAND APPROX 38 ACRES IN SIZE THAT CONTAINED THE DISCHARGE AREA. COMMENCING SOMETIME IN JANUARY 2007, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING MECHANIZED EARTH-MOVING MACHINERY DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH CLEARING AND FILLING FORESTED WETLANDS. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 3 ACRES OF WETLANDS THAT ABUT AN UNNAMED TRIBUTARY TO MOUNTAIN FORK. MOUNTAIN FORK IS TRIBUTARY TO THE FLINT RIVER. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/FILL MATERIAL AT THE DISCHARGE AREA FROM SOMETIME IN JAN 2007 TO THE PRESENT, DID RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA. ORDER REQUIRES: A. IMMEDIATELY, RESPONDENT SHALL CEASE PARTICIPATING, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL. B. WITHIN 48 HOURS, RESPONDENT WILL NOTIFY EPA WHETHER OR NOT RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. C. WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA FOR REVIEW AND APPROVAL. PLAN SHOULD INCLUDE MEASURES TO ACCOMPLISH THE FOLLOWING: (a) STABLIZE THE DISCHARGE AREA USING APPROPRIATE BMPs; (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 DISCHARE AREA. RESTORATION PLAN, WHICH WILL BE SITE SPECIFIC, SHALL INCLUDE THE FOLLOWING COMPONENTS: (1) A DESCRIPTION AND MAP OF ANY FILL MATERIAL REMOVED FROM WETLANDS. (2) RESTORATION MEASURES WILL INCLUDE TYPE AND NUMBER OF FORESTED WETLAND SPECIES TO RESTOR IMPACTED WETLANDS, MEASURE TO RESTORE ANY IMPACTED TRIBUTARIES, AND A MONITORING PLAN TO MEASURE THE SUCCESS OF RESTORED WETLANDS AND ANY IMPACTED TRIBUTARIES. EPA WILL REVIEW THE PLAN AND APPROVE IT OR PROVIDE COMMENTS ON THE PLAN TO RESPONDENT. d. IF EPA PROVIDES COMMENTS ON THE PLAN, RESPONDENT SHALL THEN SUBMIT TO EPA THE FINAL SITE RESTORATION PLAN INCORPORATING APPROPRIATE CHANGES WITHIN 20 DAYS. IF EPA APPROVES THIS FINAL RESTORATION PLAN, RESPONDENT SHALL IMPLEMENT THE FINAL SITE COMPLETE SITE RESTORATION PLAN WITH 7 DAYS OF EPA'S FINAL PLAN APPROVAL AND COMPLETE SITE RESTORATION WITHIN 60 DAYS.

Defendants (1)

• PRICE, GROVER (SB)Named in settlement

Facilities (1)

• GROVER PRICE

  4353 WINCHESTER ROAD, NEW MARKET, AL, 35761

  Registry ID: 110037078257

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• PRICE, GROVER H., JR.entered 2008-07-08

  Primary law: CWA

Timeline (2 milestones)

• 2008-07-08Final Order Issued
• 2008-07-28Enforcement Action Data Entered