EPA v. BURCH, ELLIOT

Case summary

9/14/10 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 1 ACRE OF JURISDICTIONAL WETLANDS ADJACENT TO BISCAYNE BAY, A NAVIGABLE WATER OF THE U.S. THE SITE IS LOCATED AT 17601 OLD CUTLER BAY ROAD, IN PALMETTO BAY, MIAMI-DADE COUNTY, FL. MR. ELLIOT BURCH WAS THE OWNER OR OPERATOR OF THE PARCEL OF LAND, COMPRISED OF 4.5 ACRES LOCATED AT 17601 OLD CUTLER BAY ROAD IN PALMETTO BAY, FL THAT CONTAINED THE DISCHARGE AREA. COMMENCING ON OR ABOUT OCT 2008 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 DURING PRECONSTRUCTION ACTIVITIES FOR A RESIDENTIAL STRUCTURE. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 1 ACRE OF WETLANDS ADJACENT TO BISCAYNE BAY, A NAVIGABLE WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM OCT 2008 TO THE PRESENT DID RESPONDENT POSSESS A PERMIT UNDER CWA SEC 404. ORDER REQUIRES: A. 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. B. WITHIN 48 HOURS, RESPONDENT WILL NOTIFY EPA WHETHER OR NOT THE RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. C. WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA. THE PLAN SHOULD INCLUDE MEASURE TO ACCOMPLISH THE FOLLOWING: a) STABILIZE THE DISCHARGE AREA USING APPROPRIATE BEST MGMT PRACTICES; b) RESTORE THE IMPACTED WETLANDS; c) PROVIDE A SCHEDULE FOR IMPLEMENTATION. EPA WILL REVIEW THE PLAN AND PROVIDE COMMENTS TO RESPONDENT. D. IF EPA PROVIDES COMMENTS, RESPONDENT SHALL THEN SUBMIT TO EPA THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OF RECEIVING EPA'S COMMENTS. E. RESPONDENT SHALL IMPLEMENT THE FINAL RESTORATION PLAN WITHIN 30 DAYS OF EPA'S APPROVAL OF THE PLAN AND COMPLETE SITE RESTORATION WITHIN 60 DAYS OF PLAN IMPLEMENTATION.

Defendants (1)

• BURCH, ELLIOTNamed in settlement

Facilities (1)

• WETLANDS (ELLIOT BURCH)

  17601 OLD CUTLER BAY, PALMETTO BAY, FL, 33157

  Registry ID: 110042351932

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• BURCH, ELLIOTentered 2010-09-14

  Primary law: CWA

Timeline (2 milestones)

• 2010-09-14Final Order Issued
• 2010-09-14Enforcement Action Data Entered