EPA v. WISE, RUSSELL

Case summary

9/17/09 - ADMINISTRATIVE COMPLAINT FILED, PROPOSING A PENALTY OF $177,500. ALLEGATIONS: COMMENCING ON OR ABOUT NOV 20, 2002, RESPONDENT OR THOSE ACTING ON BEHALF OF 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 A LAKE. RESPONDENT IMPACTED APPROX 18 ACRES OF WETLANDS AND AN ADJACENT STREAM IN CHINNERS SWAMP, WHICH ARE NAVIGABLE WATERS OF THE U.S. CHINNERS SWAMP IS A TRIBUTARY OF THE LITTLE PEE DEE RIVER. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE SITE FROM NOV 2002 TO THE PRESENT, DID RESPONDENT POSSESS A PERMIT UNDER CWA SEC 404 AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT NOR DID THOSE ACTIVITIES QUALIFY FOR A PERMITTING EXEMPTION UNDER CWA SEC 404. 8/5/2010 - FINAL ORDER ISSUED, ASSESSING A PENALTY OF $30,000.

Defendants (1)

• WISE, RUSSELLNamed in complaintNamed in settlement

Facilities (1)

• RUSSELL WISE

  EDWARDS ROAD, COOL SPRINGS, SC, 29526

  Registry ID: 110030473155

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• WISE, RUSSELLentered 2010-08-05

  Primary law: CWA

  Federal penalty: $30,000

Timeline (4 milestones)

• 2009-09-17Enforcement Action Data Entered
• 2009-09-17Complaint Filed/Proposed Order
• 2010-08-05Final Order Issued
• 2010-09-14Enforcement Action Closed