EPA v. CUMBEE ROAD PARTNERS, LLC, LISK, ADAM, GREGOR, ALAN, R. JR.

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 MARCH, 2008, TO THE PRESENT, DID THE RESPONDENTS POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENTS. EACH DISCHARGE BY THE RESPONDENTS 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). THERFORE RESPONDENTS HAVE VIOLATED SECTION 301 OF THE CWA, BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT. ORDER REQUIRES: A. IMMEDIATELY UPON RECEIPT OF THIS ORDER, RESPONDENTS SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL AS DEFINED BY 40 CFR SECTION 232., INTO THE WATERS OF THE U.S. B. WITHIN 48 HOURS OF RECEIVING THIS ORDER, THE RESPONDENTS WILL NOTIFY THE EPA REPRESENTATIVE LISTED BELOW WHETHER OR NOT THE RESPONDENTS INTEND TO COMPLY WITH THIS ORDER. IN THE EVENT THAT RESPONDENTS' COMPLIANCE WITH ANY STATE OR LOCAL REQUIREMENT CONFLICTS WITH THE TERMS OF THIS ORDER, RESPONDENTS ARE DIRECTED TO DISCUSS SUCH CONFLICT WITH THE EPA REPRESENTATIVE LISTED BELOW. C. WITHIN 30 DAYS FROM RECEIPT OF THIS ORDER, RESPONDENTS SHALL PROVIDE A SITE RESTORATION PLAN TO EPA. THE PLAN SHOULD INCLUDE MEASURES TO ACCOMPLISH THE FOLLOWING: (a) STABILIZE THE DISCHRGE AREA USING APPROPRIATE BEST MANAGEMENT PRACTICES, b) RESTORE APPROXIMATELY 15 ACRES OF WETLANDS, AND c) PROVIDE A SCHEDULE FOR IMPLEMENTATION. EPA WILL REVIEW THE PLAN AND PROVIDE COMMENTS ON THE PLAN TO THE RESPONDENTS. D. IF EPA PROVIDES COMMENTS ON THE PLAN WITHIN 30 DAYS OF RECEIVING EPA'S COMMENTS. E. RESPONDENTS SHALL IMPLEMENT THE FINAL RESTORATION PLAN WITHIN 30 DAYS OF EPA'S APPROVAL OF THE PLAN AND COMPLETE SITE RESTORATION WITHIN 60 DAYS OF PLAN IMPLEMENTATION.

Defendants (3)

• GREGOR, ALAN R. JR.
• LISK, ADAM
• CUMBEE ROAD PARTNERS, LLC (SB)Named in settlement

Facilities (1)

• WETLANDS (CUMBEE ROAD PARTNERS)

  CUMBEE ROAD, SHALLOTTE, NC, 28459

  Registry ID: 110040072523

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• CUMBEE ROAD PARTNERS, LLC, LISK, ADAM, GREGOR, ALAN, R. JR.entered 2009-12-21

  Primary law: CWA

Timeline (2 milestones)

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