EPA v. STUTTS, RANDALL

Case summary

7/16/2010 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. COMMENCING ON OR ABOUT JUNE 2007 TO PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT DISCHARGE DREDGED AND/OR FILL MATERIAL INTO A TRIBUTARY ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVTIES ASSOCIATED WITH THE CONSTRUCTION OF A 5.2 ACRE LAKE. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 1,200 LINEAR FEET OF AN UNNAMED PERENNIAL TRIBUTARY TO THE HARPETH RIVER, A NAVIGABLE WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA. ORDER REQUIRES: IMMEDIATELY, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL INTO WATERS OF THE U.S. WITHIN 48 HOURS, RESPONDENT WILL NOTIFY EPA WHETHER OR NOT RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA FOR REVIEW AND APPROVAL. THE PLAN SHOULD INCLUDE MEASURES TO ACCOMPLISH THE FOLLOWING: (a) STABILIZE THE DISCHARGE AREA USING APPROPRIATE BEST MGMT PRACTICES; (b) REMOVE UNAUTHORIZED DREDGED OR FILL MATERIAL DEPOSITED BY RESPONDENT INTO WATERS OF THE U.S.; AND (c) RESTORE IMPACTED WATERS OF THE U.S. AT THE DISCHARGE AREA. IF EPA PROVIDES COMMENTS ON THE PLAN, RESPONDENT SHALL THEN SUBMIT THE EPA THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS. RESPONDENT SHALL IMPLEMENT THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OF EPA'S APPROVAL OF THE PLAN.

Defendants (1)

• STUTTS, RANDALLNamed in settlement

Facilities (1)

• WETLANDS (RANDALL STUTTS)

  1850 HIGHWAY 70E, KINGSTON SPRINGS, TN, 37082

  Registry ID: 110041885555

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• STUTTS, RANDALLentered 2010-07-16

  Primary law: CWA

Timeline (2 milestones)

• 2010-07-16Final Order Issued
• 2010-07-19Enforcement Action Data Entered