EPA v. BARREIRO, BRUNO

Case summary

1/15/09 - ADMINISTRATIVE CONSENT AGMT AND FINAL PENALTY ORDER ISSUED, ASSESSING A PENALTY OF $5,000 DUE WITHIN 30 DAYS. ALLEGATIONS: THE DISCHARGE AREA IS LOT 15, BLOCK 8, IN THE AMENDED PLAT OF WINSTON WATERWAY NO 2, IN SECTION 22, TOWNSHIP 61S, RANGE 39E, KEY LARGO, MONROE COUNTY, FL. COMMENCING ON OR ABOUT AUGUST 3, 2007, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SIET USING EARTH MOVING MACCHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE FILLING OF WETLANDS FOR RESIDENTIAL DEVELOPMENT. RESPONDENT IMPACTED APPROX 5,000 SQUARE FEET OF WETLANDS THAT ARE ABUTTING AN UNNAMED MANMADE CANAL COMMENTING TO THE ATLANTIC OCEAN. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA ON OR ABOUT AUGUST 3, 2007, TO THE PRESENT, DID RESPONDENT POSSESS A PERMIT UNDER CWA SECTION 404 AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. EACH DAY THE MATERIAL DISCHARGED BY RESPONDENT REMAINS IN WATERS OF THE U.S. WITHOUT THE REQUIRED PERMIT CONSTITUTES A DAY OF VIOLTION OF CWA SECTION 301.

Defendants (1)

• BARREIRO, BRUNO (SB)Named in complaintNamed in settlement

Facilities (1)

• WETLANDS (BRUNO BARREIRO)

  LOT 15, BLOCK 8, 4TH LANE, KEY LARGO, FL, 33037

  Registry ID: 110038429965

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• BARREIRO, BRUNOentered 2009-01-15

  Primary law: CWA

  Federal penalty: $5,000

Timeline (4 milestones)

• 2009-01-15Complaint Filed/Proposed Order
• 2009-01-15Final Order Issued
• 2009-02-02Enforcement Action Closed
• 2009-03-05Enforcement Action Data Entered