EPA v. BICKETT, JAMES C.

Case summary

8/13/09 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $40,000, DUE WITHIN 30 DAYS. ALLEGATIONS: THE DISCHARGE AREA IS 3 TO 5 ACRES OF JURISDICTIONAL WETLANDS IMMEDIATELY ADJACENT TO THE OHION RIVER ON FARM SECURITY AGENCY FARM NO. 3385, TRACT 1987, LOCATED JUST SOUTH OF OHIO RIVER NO. 2 ROAD APPROX 400 TO 3,000 LINEAR FEET UPSTREAM OF THE NEWBURGH LOCKS AND DAM, NEAR THE CITY OF SCUFFLETOWN, KY. COMMENCING ON OR ABOUT SEPT 30, 2004, UNTIL PRESENT, RESPONDENT OR THOSE ACTING ON BEHALF OF THE RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CLEARING AND FILLING OF WETLANDS FOR ROW CROP PRODUCTION. RESPONDENT IMPACTED APPROX 3 TO 5 ACRES OF WETLANDS THAT ARE ADJACENT TO THE OHIO RIVER. AT NO TIME DURING THE DISCHARGE DID THE RESPONDENT POSSESS A PERMIT UNDER CWA SEC 404 AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. RESTORATION: RESPONDENT WILL UNDERTAKE THE FOLLOWING RESTORATION PLAN: A. RESPONDNET WILL REMOVE FILL MATERIAL IMPEDING FLOOD WATERS FROM THE OHIO RIVER TO SITES 1-1-2, 1-1-4, AND 1-1-5 ALLOWING NATURAL WATER MOVEMENT TO AND FROM THE IMPACTED AREAS. B. RESPONDENT SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION WITHIN 20 DAYS. RESTORATION MUCH BE COMPLETED BY JAN 1, 2010. WITHIN 20 DAYS AFTER COMPLETION OF RESTORATION, RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE. C. RESPONDENT SHALL INSPECT SITE 1-1-2, 1-1-4, AND 1-1-5 SEMI-ANNUALLY FOR 2 YRS AND ANNUALLY FOR THE FOLLOWING 3 YRS. WITHIN 20 DAYS OF EACH INSPECTION, RESPONDENT MUST SUBMIT A REPORT TO EPA THAT INCLUDES: (1) DATE OF INSPECTION; (2) COLOR PHOTOGRAPHS FROM THE SAME LOCATIONS; (3) ANY REMEDIAL RESTORATION MEASURES TAKEN TO STABILIZE THE SITE.

Defendants (1)

• BICKETT, JAMES C.Named in complaintNamed in settlement

Facilities (1)

• WETLANDS (JAMES C. BICKETT)

  ADJ TO OHIO RIVER/FARM SECURITY AGENCY FARM #3385, SCUFFLETOWN, KY, 42301

  Registry ID: 110032621189

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• BICKETT, JAMES C.entered 2009-08-13

  Primary law: CWA

  Federal penalty: $40,000

Timeline (3 milestones)

• 2009-08-13Final Order Issued
• 2009-08-13Complaint Filed/Proposed Order
• 2009-08-18Enforcement Action Data Entered