EPA v. DUVALL DEVELOPMENT CO., INC./JEFFREY H. DUVALL/DUVALL & SON LIVESTOCK, INC./DUVALL, LOUIS STEVE, SR.

Case summary

3/12/2010 - ADMINISTRATIVE COMPLAINT FILED, PROPOSING A PENALTY OF $177,500. COMPLAINT ALLEGES: COMMENCING ON OR ABOUT APPROXIMATELY JANUARY 2005, TO THE PRESENT, RESPONDENTS, OR THOSE ACTING ON BEHALF OF RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO FOUR TRIBUTARIES FLOWING ACROSS THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CLERING AND LEVELING OF THE SITE AND THE INSTALLATION OF 48 INCH DIAMETER CEMENT PIPES. RESPONDENTS IMPACTED APPROXIMATELY 1,500 LINEAR FEET OF FOUR UNNAMED TRIBUTARIES TO STEKOA CREEK, A NAVIGABLE WATER OF THE UNITED STATES. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE SITE FROM APPROXIMATELY JANUARY 2005, TO THE PRESENT, DID RESPONDENTS POSSESS A PERMIT UNDER SECTION 404 0F THE CWA, 33 U.S.C SECTION 1344, AUTHORIZING ACTIVITIES PERFORMED BY RESPONDENTS. 5/25/11 - AMENDED ADMINISTRATIVE COMPLAINT FILED. COMPLAINT ADDED TWO RESPONDENTS: DUVALL & SON LIVESTOCK, INC.; AND LOUIS STEVE DUVALL, SR.

Defendants (4)

• DUVALL, LOUIS STEVE, SR.Named in complaint
• DUVALL & SON LIVESTOCK, INC.Named in complaintNamed in settlement
• DUVALL DEVELOPMENT CO., INC. (SB)Named in complaintNamed in settlement
• JEFFREY H. DUVALL (SB)Named in complaintNamed in settlement

Facilities (1)

• WETLANDS (JEFF DUVALL)

  OLD HIGHWAY 441, CLAYTON, GA, 30525

  Registry ID: 110041209215

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• DUVALL DEVELOPMENT CO., INC./JEFFREY H. DUVALL/DUVALL & SON LIVESTOCK, INC./DUVALL, LOUIS STEVE, SR.entered 2012-03-20

  Primary law: CWA

  Federal penalty: $30,000

Timeline (5 milestones)

• 2010-03-12Complaint Filed/Proposed Order
• 2010-04-30Enforcement Action Data Entered
• 2011-05-25Amended Complaint
• 2012-03-20Final Order Issued
• 2012-04-25Enforcement Action Closed