EPA v. SAINT MARY'S RAILWAY WEST, LLC & STRICKLAND, CLAUDIUS

Case summary

12/9/08 - ADMIN ORDER ISSUED. ORDER PERTAINS TO DEPOSITION TO DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. ON THBE PROPERTY OWNED BY SAINT MARY'S RAILWAY WEST, LLC, AND CLAUDIUS STRICKLAND, LOCATED NEAR THE CITY OF WARESBORO IN WARE COUNTY, GA. THE IMPACTS OCCURRED IN FULLWOOD CREEK AND AT LEAST 3 UNNAMED PERENNIAL TRIBUTARIES AND THEIR ABUTTING AND ADJACENT FRESHWATER WETLANDS. ACCORDING TO EPA'S PRELIMINARY INVESTIGATION, THE UNAUTHORIZED DISCHARGED OCCURRED ON APPROX 30 ACRES AND 400 LINEAR FEET OF JURISDICTIONAL WATERS ALONG AN APPROX 6-MILE LONG BY 100-YARD WIDE CORRIDOR PRIOR TO OR DURING CONSTRUCTION OF A RAILWAY EXPANSION. ORDER REQUIRED: IMMEDIATELY, RESPONDENS SHALL CEASE PARTICIPATING IN, CAUSING OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL, OR ANY OTHER POLLUTANTS, INTO WATERS OF THE U.S. WITHIN 48 HOURS, RESPONDENTS SHALL NOTIFY EPA WHETHER OR NOT RESPONDENTS INTEND TO COMPLY WITH THIS ORDER. WITHIN 30 DAYS, RESPONDENTS SHALL PROVIDE A SITE RESTORATION PLAN TO EPA. THE PLAN SHOULD INCLUDE MEASURES TO ACCOMPLISH THE FOLLOWING: (A) STABILIZE THE DISCHARGE AREA USING APPROPRIATE BEST MGMT PRACTICES; (b) RESTORE ALL UNPERMITTED DISCHARGED TO WATERS OF THE U.S.; AND (c) INCLUDE A SCHEDULE FOR IMPLEMENTATION. EPA WILL REVIEW THE PLAN AND PROVIDE COMMENTS ON THE PLAN IF NECESSARY. RESPONDENTS SHALL IMPLEMENT THE PLAN WITHIN 30 DAYS OF EPA'S APPROVAL OF THE PLAN AND SHALL COMPLETE SITE RESTORATION WITHIN 60 DAYS OF PLAN IMPLEMENTATION.

Defendants (2)

• STRICKLAND, CLAUDIUS, MR.Named in settlement
• SAINT MARY'S RAILWAY WEST (SB)Named in settlement

Facilities (1)

• WETLANDS (SAINT MARY'S RAILWAY WEST, LLC)

  FULLWOOD CREEK, WARESBORO, GA, 31564

  Registry ID: 110037955987

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• SAINT MARY'S RAILWAY WEST, LLC & STRICKLAND, CLAUDIUSentered 2008-12-09

  Primary law: CWA

Timeline (2 milestones)

• 2008-12-09Final Order Issued
• 2008-12-23Enforcement Action Data Entered