EPA v. SMITH, MICHAEL TODD

Case summary

5/8/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM DATE OF DISCOVERY(OCTOBER 11, 2007, BY THE US EPA) TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. THEREFORE, RESPONDENT HAS VIOLATED CWA SECTIONS 301 AND 404. ORDER REQUIRES: A. IMMEDIATELY UPON RECEIPT OF THIS ORDER, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL , AS DEFINED BY 40 CFR SECTION 232.2, INTO WATER OF THE US. B. WITHIN FORTY-EIGHT HOURS OF RECEIVING THIS ORDER, THE RESPONDENT WILL NOTIFY THE EPA REPRESENTATIVE WHETHER OR NOT THE RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. IN THE EVENT THAT RESPONDENT'S COMPLIANCE WITH ANY STATE OR LOCAL REQUIREMENT CONFLICTS WITH THE TERMS OF THIS ORDER, RESPONDENT IS DIRECTED TO DISCUSS SUCH CONFLICT WITH THE EPA REPRESENTATIVE. C. WITHIN 30 DAYS FROM RECEIPT OF THIS ORDER, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA. THE PLAN SHOULD INCLUDE MEASURES TO ACCOMPLISH THE FOLLOWING: A) STABLIZE THE DISCHARGE AREA USING APPROPRIATE BEST MANAGEMENT PRACTICES; B) RESTORE APPROXIMATELY 400 LINEAR FEET OF THE UNNAMED TRIBUTARY, C) RESTORE HYDROLOGY TO THE SITE, AND D) PROVIDE A SCHEDULE FOR IMPLEMENTATION. EPA WILL REVIEW THE PLAN AND PROVIDE COMMENTS ON THE PLAN TO THE RESPONDENTS. D. IF EPA PROVIDES COMMENTS ON THE PLAN, THE RESPONDENT SHALL THEN SUBMIT TO EPA THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OF RECEIVING EPA'S COMMENTS. 3. RESPONDENT SHALL IMPLEMENT THE FINAL RESTORATION PLAN WITHIN 30 DAYS OF EPA'S APPROVAL OF THE PLAN AND COMPLETE SITE RESTORATION WITHIN 60 DAYS OF PLAN IMPLEMENTATION.

Defendants (1)

• SMITH, MICHAEL TODD (SB)Named in settlement

Facilities (1)

• WETLANDS

  HIGHWAY 57, STEPHENS CROSSROADS, SC, 29566

  Registry ID: 110039149891

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• SMITH, MICHAEL TODDentered 2009-05-08

  Primary law: CWA

Timeline (2 milestones)

• 2009-05-08Final Order Issued
• 2009-05-21Enforcement Action Data Entered