EPA v. INDIAN TRAIL IMPROVEMENT DISTRICT

Case summary

2/18/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THITY DAYS. ORDER ALLEGES: COMMENCING ON OR ABOUT MARCH 31, 2009, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CLEARING AND FILLING OF JURISDICTIONAL WETLANDS. AT NO TIME DURING THE DISCHRGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA ON OR AROUND MARCH 31, 2009 TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 0F CWA, 33 U.S.C. SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATER WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF CWA. EACH DAY THE MATERIAL DISCHARGED BY THE RESPONDENT REMAINS IN WATERS OF THE UNITED STATES WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OF CWA, CONSTITUES A DAY OF VIOLATION OF 301 OF THE CWA, 33 U.S.C. SECTION 1311.

Defendants (1)

• INDIAN TRAIL IMPROVEMENT DISTRICT (SB)Named in complaintNamed in settlement

Facilities (1)

• WETLANDS - INDIAN TRAIL IMPROVEMENT DISTRICT

  13472 61ST ST N, WEST PALM BEACH, FL, 334121915

  Registry ID: 110035574866

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• INDIAN TRAIL IMPROVEMENT DISTRICTentered 2010-01-08

  Primary law: CWA

  Federal penalty: $5,000

Timeline (3 milestones)

• 2010-01-08Final Order Issued
• 2010-01-08Complaint Filed/Proposed Order
• 2010-03-02Enforcement Action Data Entered