EPA v. BYRD, JACK

Case summary

12/21/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE FROM JANUARY, 2006, TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, IS A VIOLATION OF SECTION 301(a) OF THE CWA, 33 U.S.C. SECTION 1311(a). THEREFORE RESPONDENT HAS VIOLATED SECTION 301 OF THE CWA, BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT.

Defendants (1)

• BYRD, JACKNamed in settlement

Facilities (1)

• WETLANDS (JACK BYRD - BYRD'S LANDFILL)

  NC HIGHWAY 17 - 151 BYRD'S LANE, MAYSVILLE, NC, 28555

  Registry ID: 110040413031

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• BYRD, JACKentered 2009-12-21

  Primary law: CWA

Timeline (2 milestones)

• 2009-12-21Final Order Issued
• 2009-12-30Enforcement Action Data Entered