EPA v. BENNETT, THOMAS

Case summary

8/25/10 - COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. ADJACENT TO REEDY CREEK. THE SITE IS LOCATED ADJACENT TO SALEM ROAD SOUTH OF THE INTERSECTION WITH HWY 33, NEAR THE CITY OF PAVO, THOMAS COUNTY, GA. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED IN CONNECTION WITH UNAUTHORIZED DITCHING ACTIVITIES AND THE SIDE CASTING OF THE DREDGED AND/OR FILL MATERIAL ON THE SUBJECT PROPERTY. COMMENCING ON OR ABOUT MAY 2010 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 EARTH MOVING MACHINERY IN CONNECTION WITH DITCHING ACTIVITIES INTENDED TO DRAIN INUNDATED AREAS OF THE SITE. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 10 ACRES OF FRESHWATER WETLANDS ADJACENT TO REEDY CREEK. REDDY CREEK FLOWS TO MULE CREEK, A TRIBUTARY OF OKAPILCO CREEK. OKAPILCO CREEK IS A TRIBUTARY OF THE WITHLACOOCHEE RIVER, WHICH IS A TRIBUTARY OF THE SUWANNNEE RIVER, A TRADITIONAL NAVIGABLE WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM MAY 2010 TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA. ORDER REQUIRES: A. IMMEDIATELY, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL. B. WITHIN 48 HOURS, RESPONDENT WILL NOTIFY EPA WHETHER OR NOT RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. C. WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA. THE PLAN SHOULD INCLUDE MEASURES TO ACCOMPLISH THE FOLLOWING: (1) STABILIZE THE DISCHARGE AREA USING APPROPRIATE BEST MGMT PRACTICES; (2) RESTORE APPROX 10 ACRES OF IMPACTED WETLANDS; AND (3) PROVIDE A SCHEDULE FOR IMPLEMENTATION, EPA WILL REVIEW THE PLAN AND PROVIDE COMMENTS ON THE PLAN TO THE RESPONDENT. D. IF EPA PROVIDES COMMENTS ON THE PLAN, RESPONDENT SHALL THEN SUBMIT TO EPA THE FINAL SITE RESTORATION PLAN AND COMPLETE SITE RESTORATION WITHIN 60 DAYS OF PLAN IMPLEMENTATION.

Defendants (1)

• BENNETT, THOMAS (SB)Named in settlement

Facilities (1)

• WETLANDS (BENNETT, KENNETH)

  ADJ TO SALEM ROAD, S OF INTERSECTION W/ HWY 33, PAVO, GA, 31778

  Registry ID: 110041883780

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• BENNETT, THOMASentered 2010-08-25

  Primary law: CWA

Timeline (2 milestones)

• 2010-08-25Final Order Issued
• 2010-08-26Enforcement Action Data Entered