EPA v. BELLAVIDA CORPORATION/ANTONIO VILARINO

Case summary

11/2/2009 - COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 1.5 ACRES OF FRESHWATER WETLANDS ADJACENT TO AN UNNAMED TRIBUTARY OF THE OKEECHOBEE WATERWAY. THE TRIBUTARY ORIGINATES SOUTH OF PRATT-WHITNEY ROAD AND BORDERING THE SUBJECT PROERYT ON ITS EASTERN AND SOUTHERN BOUNDARIES, ENDS AT ITS CONFLUENCE WITH LARGER, OFFSITE CANAL. THE CANAL FLOWS UNDER STATE ROAD 76 THRU A CULVERT, FLOWING WESTERLY AND DISCHARGING INTO THE OKEECHOBEE WATERWAY. THIS SECTION OF THE OKEECHOBEE WATERWAY DISCHARGES INTO THE ST. LUCIE RIVER, AN IMPORTANT ESTUARINE RESOURCE IN SE FLORIDA. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING PURPORTED INSTALLATION OF AN AGRICULTURAL SYSTEM FOR ROW CROPS. MR. ANTONIO VILARINO AND BELLAVIDA CORPORATION (RESPONDENTS), AT ALL TIMES RELAVANT TO THIS ORDER, WERE THE OWNERS OR OPERATORS OF THE PARCEL OF LAND, COMPRISED OF 65.6 ACRES LOCATED SE OF THE INTERSECTION OF KANNER HWY AND PRATT-WHITNEY ROAD IN MARTIN COUNTY, FL, THAT CONTAINED THE DISCHARGE AREA. COMMENCING ON OR ABOUT MAY 2009 TO THE PRESENT, RESPONDENTS DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING PURPORTED INSTALLATION OF AN AGRICULTURAL SYSTEM FOR ROW CROPS. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM MAY 2009 TO THE PRESENT DID THE RESPONDENTS POSSESS A PERMIT UNDER CWA SEC 404.

Defendants (1)

• BELLAVIDA CORPORATIONNamed in settlement

Facilities (1)

• WETLANDS (BELLAVIDA/ANTONIO VILARINO)

  SE OF INTERSECTIO OF KANNER HWY & PRATT WHITNEY RD, STUART, FL, 34997

  Registry ID: 110040413219

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• BELLAVIDA CORPORATION/ANTONIO VILARINOentered 2009-11-02

  Primary law: CWA

Timeline (2 milestones)

• 2009-11-02Final Order Issued
• 2009-12-31Enforcement Action Data Entered