EPA v. D'ISERNIA, BRIAN / NORTHWEST FLORIDA HOLDINGS, INC. / LAGOON LANDING, LLC / LAGOON HOLDINGS, LLC

Case summary

5/4/10 - COMPLIANCE ORDER ISSUED. ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 30 ACRES OF TIDAL AND FRESHWATER WETLANDS ADJACENT TO AND ABUTTING SAINT ANDREWS BAY. SITE IS LOCATED AT THE SOUTH END OF HALTER MARINE DRIVE/ALLANTON SHIPYARD ROAD, PANAMA CITY, BAY COUNTY, FL. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. OCCURRED DURING DREDGING OF A MANMADE BASIN AND OUTLET TO SAINT ANDREWS BAY TO FACILITATE THE LAUNCH OF A VESSEL AND WITH PREPARING THE PROPERTY FOR RESIDENTIAL AND COMMERCIAL DEVELOPMENT BY DEPOSITING DREDGE AND/OR FILL MATERIAL IN WATERS AND WETLANDS. COMMENCING ON OR ABOUT FEB 24, 2010 TO THE PRESENT, RESPONDENTS AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH DREDGING OF A MANMADE BASIN AND OUTLET TO SAINT ANDREWS BAY TO FACILITATE THE LAUNCH OF A VESSEL AND WITH PREPARING THE PROPERTY FOR RESIDENTIAL AND COMMERCIAL DEVELOPMENT. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 30 ACRES OF TIDAL AND FRESHWATER WETLANDS. AT NO TIME DURING THE DISCHARGE DID RESPONDENTS POSSESS A PERMIT UNDER CWA SEC 404. THEREFORE, RESPONDENTS HAVE VIOLATED CWA SEC 301. ORDER REQUIRES: A. IMMEDIATELY, RESPONDENTS SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES INTO WATERS OF THE U.S. B. WITHIN 48 HOURS, RESPONDENTS WILL NOTIFY EPA WHETHER OR NOT THE RESPONDENTS INTEND TO COMPLY WITH THIS ORDER. C. WITHIN 30 DAYS, RESPONDENTS SHALL PROVIDE A SITE RESTORATION PLAN TO EPA FOR REVIEW AND APPROVAL. D. IF EPA PROVIDES COMMENTS, RESPONDENTS SHALL THEN SUBMIT TO EPA THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OF RECEIVING EPA COMMENTS. E. RESPONDENTS SHALL IMPLEMENT THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OF EPA'S APPROVAL OF THE PLAN.

Defendants (4)

• D'ISERNIA, BRIANNamed in settlement
• LAGOON HOLDINGS, LLCNamed in settlement
• LAGOON LANDING, LLCNamed in settlement
• NORTHWEST FLORIDA HOLDINGS, INC.Named in settlement

Facilities (1)

• NORTHWEST FLORIDA HOLDINGS, INC.

  13300 ALLANTON RD., PANAMA CITY, FL, 324042816

  Registry ID: 110037929463

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• D'ISERNIA, BRIAN / NORTHWEST FLORIDA HOLDINGS, INC. / LAGOON LANDING, LLC / LAGOON HOLDINGS, LLCentered 2010-05-04

  Primary law: CWA

Timeline (2 milestones)

• 2010-05-04Final Order Issued
• 2010-05-27Enforcement Action Data Entered