EPA v. ATKINSON DEVELOPERS, LLC

Case summary

3/12/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: COMMENCING ON ABOUT JUNE 2005, RESPONDENTS, AND/OR THOSE ACTING ON BEHALF OF RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE ESTABLISHMENT OF A HORSE FARM. RESPONDENTS' UNAUTHORIZED ACTIVITIES IMPACTED APPROXIMATELY 19 ACRES OF FORESTED WETLANDS LYING ADJACENT TO LOOSING SWAMP, WHICH CONNECTS TO LAKE SWAMP, WHICH FEEDS INTO THE LITTLE PEE DEE RIVER, A NAVIGABLE WATER OF THE UNITED STATES. AT NOT TIME DURING THE DISCHARGE OF DREDGED AN/OR FILL MATERIAL AT THE DISCHRGE AREA FROM JUNE 2005, TO THE PRESENT, DID 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 RESPONDENTS OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OF THE CWA, IS A VIOLATION OF SECTION 301(a) OF THE CWA.

Defendants (1)

• ATKINSON DEVELOPERS, LLC (SB)Named in settlement

Facilities (1)

• WETLANDS (ATKINSON DEVELOPERS, LLC)

  HUCKLEBERRY ROAD, AYNOR, SC, 29511

  Registry ID: 110040056239

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• ATKINSON DEVELOPERS, LLCentered 2010-03-12

  Primary law: CWA

Timeline (2 milestones)

• 2010-03-12Final Order Issued
• 2010-03-31Enforcement Action Data Entered