EPA v. JAMES DAVIS

Case summary

9/14/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF UNITED STATES ON THE SITE USING EARTH-MOVING MACHINERY IN CONNECTION WITH THE CONSTRUCTION OF A PRIVATE LAKE. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROXIMATELY SIX ACRES OF FORESTED FRESHWATER WETLANDS AND APPROXIMATELY 1100 LINEAR FEET OF WATERS OF THE UNITED STATES. THE UNNAMED TRIBUTARY IS A PERENNIAL OF BIG CREEK; BIG CREEK IS A PERENNIAL TRIBUTARY OF THE YELLOW RIVER, A NAVIGABLE WATER OF THE UNITED STATES. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM DATE OF DISCOVERY (JUNE 30, 2008 BY THE U.S. ARMY/CORPS OF ENGINEERS) TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. 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 INTO WATERS OF THE UNITED STATES. B. WITHIN FORTY-EIGHT (48) HOURS OF RECEIVING THIS ORDER, THE RESPONDENT WILL NOTIFY THE EPA REPRESENTATIVE LISTED WHETHER OF 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, THE RESPONDENT(S) IS DIRECTED TO DISCUSS SUCH CONFLICT WITH THE EPA REPRESENTATIVE. C. WITHIN THIRTY (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) STABILIZATION OF THE DISCHARGE AREA USING APPROPRIATE BEST MANAGEMENT PRACTICES, B) REMOVAL OF UNAUTHORIZED DREDGED OR FILL MATERIAL DEPOSITED BY RESPONDENT INTO WATERS OF THE UNITED STATES, C) RESTORATION OF IMPACTED WATERS OF THE UNITED STATES AT THE DISCHARGE AREA AND D) A SCHEDULE FOR IMPLEMENTATION. EPA WILL REVIEW ANTHE PLAN AND PROVIDE COMMENTS ON THE PLAN TO THE RESPONDENT. D. IF EPA PROVIDES COMMENTS ON THE PLAN, THE RESPONDENT SHALL THEN SUBMIT TO EPA THE FINAL SITE RESTORATION PLAN WITHIN THIRTY DAYS OF RECEIVING EPA COMMENTS. E. RESPONDENT SHALL IMPLEMENT THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS (THIRTY) DAYS OF EPA'S APPROVAL OF THE PLAN.

Defendants (1)

• DAVIS, JAMES (SB)Named in settlement

Facilities (1)

• WETLANDS - DAVIS, JAMES / SEAN DAVIS

  3350 NEW EBENEZER ROAD, SECTION 35, TOWNSHIP 6 NOR, PACE, FL, 32571

  Registry ID: 110040055800

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• JAMES DAVISentered 2009-09-14

  Primary law: CWA

Timeline (2 milestones)

• 2009-09-14Final Order Issued
• 2009-09-15Enforcement Action Data Entered