EPA v. WISE, RUSSELL

Case summary

6/14/10 - ADMINISTRATIVE CONSENT AGMT AND COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISIDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 5 ACRES OF WETLANDS ADJACENT TO CHINNERS SWAMP, NORTH OF EDWARDS ROAD, NEAR THE CITY OF COOL SPRING, HORRY COUNTY, SC. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE CONSTRUCTION OF A POND. COMMENCING ON OR ABOUT NOV 2002 TO THE PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING MECHANIZED EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH POND CONSTRUCTION. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 5 ACRES OF WETLANDS THAT ARE ADJACENT TO CHINNERS SWAMP, WHICH IS TRIBUTARY TO THE LITTLE PEE DEE RIVER, A NAVAGABLE WATER OF THE U.S. RESPONDENT APPLIED FOR AND RECEIVED A CWA SEC 404(d) EXEMPTION FOR THE CONSTRUCTION OF THE FARM POND ON OR ABOUT MAY 30, 2001. HOWEVER, UPON INSPECTION, ON OR ABOUT MARCH 10, 2003, THE ARMY CORPS OF ENGINEERS RESCINDED THAT EXEMPTION FOR FAILURE TO COMPLY WITH THE CONDITIONS OF THE EXEMPTION. THEREFORE, AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM NOV 20, 2002 TO THE PRESENT DAY, DID THE RESPONDENT POSSESS A PERMIT UNDER CWA SEC 404 AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT.

Defendants (1)

• WISE, RUSSELLNamed in settlement

Facilities (1)

• RUSSELL WISE

  EDWARDS ROAD, COOL SPRINGS, SC, 29511

  Registry ID: 110030473155

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• WISE, RUSSELLentered 2010-06-14

  Primary law: CWA

Timeline (2 milestones)

• 2010-06-14Final Order Issued
• 2010-06-29Enforcement Action Data Entered