EPA v. SMITH, HAMILTON

Case summary

9/23/14 - THIS CASE INVOLVED CWA 404 VIOLATIONS PRIMARILY ON AN 852 ACRES PARCEL LOCATED IN BALDWIN COUNTY, AL, ON THE EAST SIDE OF HWY 225, SOUTH OF ITS INTERSECTOIN WITH BRUCE BEVERIDGE RD. THE VIOLATION IMPACTED APPROX 26 ACRES OF WETLANDS AND MORE THAN 3/4 MILES OF STREAMS, PRIMARILY BY IMPOUNDING WATERS IN THE AREA OF THE IMPACTED STREAM REACHES AND WETLANDS. THE 852 ACRE PARCEL IS OWNED BY BEVERIDGE FARMS, A GENERAL FAMILY PARTNERSHIP WHOSE PARTNERS ARE THE PRIMARY DEFENDANT HAMILTON SMITH, AND AIREY S. KNIX, BRUCE B. SMITH, ROSE ANNE TISDALE, AND BRUCIE MANCUSO. ON DEC 7, 2005, U.S. ARMY CORPS OF ENGINEERS, MOBILE OFFICE INSPECTED THE SITE AND IDENTIFIED SIGNIFICANT VIOLATIONS OF CWA 404. THE VIOLATIONS INCLUDED DISCHARGES OF DREDGED AND FILL MATERIAL IN CONNECTION WITH THE CONSTRUCTION OF MULTIPLE EARTHEN DAMS/EMBANKMENTS TO CREAT IMPOUNDMENTS, RESULTING IN SUBSTANTIAL IMPACTS TO JURISDICTIONAL WETLANDS AND TO DENNIS CREEK AND ITS TRIBUTARIES. DENNIS CREEK IS A PERENNIAL STREAM AND DIRECT TRIBUTARY TO THE TENSAW RIVER, A TRADITIONAL NAVIGABLE WATER. A JOINT INSPECTION OF THE SITE WAS CONDUCTED ON MARCH 31, 2006, IN WHICH REPS OF THE COE, EPA, THE U.S. FISH AND WILDLIFE SERVICE, AND THE AL DEPT OF ENVIRONMENTAL MGMT PARTICIPATED, ALONG WIHT MR. HAMILTON SMITH AND HIS ATTY, MARK RYAN. DURING THE MARCH 31, INSPECTION, ADD'L WORK WAS DONE TO QUANTIFY THE IMPACTS TO JURISDICTIONAL WATERS, AND TO DISCUSS POTENTIAL RESOLUTIONS OF THE MATTER. THE COE ESTIMATED WETLAND IMPACTS TO BE 30 ACRES. A TOTAL OF 5 UNAUTHORIZED EMBANKMENTS IN JURISDICTIONAL WATERS WERE OBSERVED WITH IMPACTS TO OVER 2,500 LINEAR FEET OF DENNIS CREEK AND ITS TRIBUTARIES. THE CORPS SUBSEQUENT, UNSUCCESSFUL EFFORTS TO RESOLVE THE CASE, LED THE AGENCY TO REFER THE CASE TO EPA FOR IN 2006. EPA ATTEMPTED NUMEROUS TIMES TO RESOLVE THE VIOLATION BUT IT WAS MR. SMITH'S CONTENTION THA TTHE DAMS WERE NECESSARY TO CONTINUE HIS FORESTRY ACTIVITIES THAT WERE EXEMPT FROM CWA 404 PERMITTING REQUIREMENTS. IN MAR 2014 IN THE SDAL, A JURY TRIAL WAS CONDUCTED TO DETERMINE IF MR. SMITH'S DAMS WERE EXEMPT FROM CWA PERMITTING. THE JURY FOUND THAT ONLY 1 DAM WAS AN EXEMPT FORESTRY RD. IN JUNE 2014, A BENCH TRIAL WAS HELD TO DETERMINE THE REMEDY FOR MR.S SMITH'S RESTORATION ON 4 DAMS (1 DAM WAS STIPULATED AS A CWA VIOLATION BEFORE TRIAL) AND THEIR ADJACENT WETLANDS AND IMPOUNDED STREAMS. 1 DAM WILL BE REMOVED AND THE OTHER 3 WILL BE RECONFIGURED TO COMPLY WITH THE MANDATORY FEDERAL FORESTRY RD BEST MGMT PRACTICES. THE JUDGE ALSO IMPOSED A PENALTY OF $78,000 FOR MR. SMITH'S CWA VIOLATIONS.

Defendants (5)

• SMITH, HAMILTONNamed in complaintNamed in settlement
• MANCUSO, BRUCIE
• TISDALE, ROSE ANNE
• SMITH, BRUCE B.
• KNIX, AIREY S.

Facilities (1)

• BEVERIDGE FARMS

  2410 HAND AVENUE, BAY MINETTE, AL, 36507

  Registry ID: 110057184755

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• SMITH, HAMILTON (04-2014-C021)entered 2014-09-23

  Primary law: CWA

  Federal penalty: $78,000

Timeline (7 milestones)

• 2009-07-06Referred To Dept Of Justice
• 2009-07-31Enforcement Action Data Entered
• 2012-08-06Complaint Filed With Court
• 2014-09-23Final Order Entered
• 2014-09-23Final Order Lodged
• 2014-09-23Concluded
• 2017-12-12Enforcement Action Closed