EPA v. CONSERVANCY PARTNERSHIP, LLC

Case summary

9/9/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $65,000. RESPONDENT SHALL SUBMIT QUARTERLY PAYMENTS OF $5,639.28 OVER A THREE YEAR PERIOD. THE FIRST PAYMENT IS DUE BY SEPTEMBER 30, 2009. THE LAST PAYMENT IS DUE BY JUNE 30, 2012. ORDER ALLEGES: COMMENCING ON OR ABOUT JUNE 2005, UNTIL AUGUST 2005, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE DITCHING, MECHANICAL LAND CLEARING AND FILLING OF WETLANDS ON THE SITE. RESPONDENT IMPACTED APPROXIMATELY 16.8 ACRES OF FORESTED WETLANDS AND TIDAL SALT MARSH ADJACENT TO THE STEINHATCHEE RIVER, WHISH IS A TRADITIONALLY NAVIGABLE WATER OF THE UNITED STATES. AT NO TIME DURING THE DISCHARGE OF DREDGED AN/OR FILL MATERIAL AT THE DISCHARGE AREA FROM JUNE 2005, UNTIL AUGUST 2005, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA,33 U.S.C. SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT.

Defendants (1)

• CONSERVANCY PARTNERSHIP, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• WETLANDS (CONSERVANCY PARTNERSHIP, LLC)

  FIFTH AVENUE NORTH, STEINHATCHEE, FL, 32359

  Registry ID: 110030469071

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• CONSERVANCY PARTNERSHIP, LLCentered 2009-09-09

  Primary law: CWA

  Federal penalty: $65,000

Timeline (3 milestones)

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