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04-2010-5793Administrative - FormalFinal Order IssuedFY 2010· Region 04

EPA v. JOHNSON, JAMES O.

Unilateral Administrative Order Without Adjudication

Case summary

3/25/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: COMMENCING ON ABOUT THE YEAR OF 2006, 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 0.9 ACRES OF MANGROVE WETLANDS LYING ADJACENT TO LAKE PLACID CANAL AND CHOKOLOSKEE BAY NAVIGABLE WATER OF THE UNITED STATES. AT NOT TIME DURING THE DISCHARGE OF DREDGED AN/OR FILL MATERIAL AT THE DISCHRGE AREA FROM 2006, 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)

  • JOHNSON, JAMES O.Named in settlement

Facilities (1)

  • WETLANDS (EVERGLADES ECOTOUR) (JOHNSON, JAMES O.)

    SOUTH COPELAND AVENUE, EVERGLADES CITY, FL, 34139

    Registry ID: 110041196522

Statutes cited

  • CWA 404Permits for Dredge and Fill Material

Enforcement conclusions (1)

  • JOHNSON, JAMES O.entered 2010-03-25

    Primary law: CWA

Timeline (2 milestones)

  • 2010-03-25Final Order Issued
  • 2010-03-31Enforcement Action Data Entered

Case metadata

EPA activity ID
1800088336
Case number
04-2010-5793
Lead agency
EPA
EPA region
04
Voluntary self-disclosure
No
Primary statute
Permits for Dredge and Fill Material

Sourced verbatim from EPA ECHO Enforcement Case Report for case 04-2010-5793 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.