EPA v. BEN REAVIS

Case summary

6/1/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER ALLEGES: RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. WITHOUT A COE PERMIT. ORDER STATES: RESPNDENT SHALL UPON RECEIPT OF THIS ORDER CEASE PARTICIPATING IN, CAUSING, OR ALOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL INTO WATERS OF THE U.S. WTHIN FORTY-EIGHT HOURSE OF RECEIVING THIS ORDER, RESPONDENT WILL NOTIFY THE EPA REPRESENTATIVE WHETHER OR NOT THE RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. WTHIN THIRTY DAYS FROM RECEIPT OF THIS ORDER, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA FOR REVIEW AND APPROVAL. THE PLAN SHOULD INCLUDE MEASURES TO ACCOMPLISH THE FOLLOWING: A) STABILIZED THE DISCHARGE AREA USING BEST MANAGEMENT PRACTICES, B) REMOVE UNAUTHORIZED DREDGED OR FILL MATERIAL DEPOSITED BY RESPONDENT INTO WATERS OF THE US, AND C) RSTORE IMPACTED WATES OF THE U.S AT THE DISCHARGE AREA. IF EPA PROVIDES COMMENTS ON THE PLAN, THE RESPONDENT SHALL THEN SUBMIT TO EPA THE FINAL SITE RESTORATION PLAN WITHIN THIRTY (30) DAYS RECEIVING EPA COMMENTS. RESPONDENT SHALL IMPLEMENT THE FINAL SITE RESTORATION PLAN WITHIN THIRTY (30) DAYS OF EPA'S APPROVAL OF THE PLAN. THE U.S. WITHOUT A COE PERMIT.

Defendants (1)

• BEN REAVISNamed in settlement

Facilities (1)

• WETLANDS (BEN REAVIS)

  PEE DEE HIGHWAY, CONWAY, SC, 29527

  Registry ID: 110039166611

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• BEN REAVISentered 2009-06-11

  Primary law: CWA

Timeline (2 milestones)

• 2009-06-09Enforcement Action Data Entered
• 2009-06-11Final Order Issued