EPA v. PEACE RIVER PROPERTIES INVESTMENTS, LLC

Case summary

6/1/2009 - 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 (DECEMBER 2008, BY THE U.S. ARMY CORPS OF ENGINEERS) TO THE PRESENT, DID THE RESPONDENTS POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENTS. THEREFORE, RESPONDENTS HAVE VIOLATED SECTION 301 OF THE CWA, BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT. ORDER REQUIRES: IMMEDIATELY UPON RECEIPT OF THIS ORDER, RESPONDENT SHALL CEASE AND DESIST PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL , AS DEFINED BY 40 CFR SECTION 232.2, INTO WATERS OF THE U.S.

Defendants (4)

• JANE NELSON
• MARC AND CINDY MEISERNamed in settlement
• PEACE RIVER PARTNERS, LLC
• PEACE RIVER PROPERTIES INVESTMENTS, LLCNamed in settlement

Facilities (1)

• WETLANDS

  HIGHWAY 17, CLEVELAND, FL, 33982

  Registry ID: 110039157364

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• PEACE RIVER PROPERTIES INVESTMENTS, LLCentered 2009-06-01

  Primary law: CWA

Timeline (2 milestones)

• 2009-06-01Final Order Issued
• 2009-06-22Enforcement Action Data Entered