EPA v. VILLAGE OF HOLIDAY LAKE

Case summary

9/9/09 - ADMIN CONSENT AGMT AND FINAL PENALTY ORDER ISSUED, ASSESSING A PENALTY OF $12,500, DUE WITHIN 30 DAYS. THE TERM DISCHARGE AREA MEANS THE JURISDICTIONAL WATERS THAT HAVE BEEN IMPACTED EITHER THRU FILLING OR DREDGING AS A RESULT OF THE UNAUTHORIZED ACTIVITIES. MORE SPECIFICALLY, THE DISCHARGE AREA IS 0.018 ACRES ON THE BUTTERFORD CANAL LOCATED IN THE RESIDENTIAL COMMUNITY OF VILLAGE OF HOLIDAY LAKE OF CHARLOTTE COUNTY PROPERTY OWNERS ASSOCIATION. COMMENCING ON OR ABOUT JULY 10, 2006, TO NOV 13, 2006, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CLEARING AND FILLING OF WETLANDS FOR THE CONSTRUCTION OF A BOAT RAMP AND MULTI-FAMILY BOAT DOCK FOR RESPONDENT'S RESIDENTIAL DEVELOPMENT. RESPONDENT IMPACTED APPROX 0.018 ACRES ON THE BUTTERFORD CANAL, A NAVIGABLE-IN-FACT WATER AND ALSO A TRIBUTARY TO THE MYAKKA RIVER. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL DID THE RESPONDENT POSSESS A PERMIT UNDER CWA SEC 404.

Defendants (1)

• VILLAGE OF HOLIDAY LAKE OF CHARLOTTE COUNTY PROPERNamed in complaintNamed in settlement

Facilities (1)

• VILLAGE OF HOLIDAY LAKE

  7500 LORIS COURT, PORT CHARLOTTE, FL, 33981

  Registry ID: 110038432265

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• VILLAGE OF HOLIDAY LAKEentered 2009-09-09

  Primary law: CWA

  Federal penalty: $12,500

Timeline (4 milestones)

• 2009-09-09Complaint Filed/Proposed Order
• 2009-09-09Final Order Issued
• 2009-09-10Enforcement Action Data Entered
• 2009-09-29Enforcement Action Closed