EPA v. FLORIDA FISH AND WILDLIFE COMMISSION

Case summary

9/7/10 - ADMIN COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO APPROX 22 ACRES OF JURISIDICTIONAL WETLANDS AND WATERS OF THE U.S. DURING THE CONSTRUCTION OF A CHANNEL APPROX 1.5 MILES LONG, 12 FEET WIDE, WITH SOME WIDER AREAS, AND 2-3 FEET DEEP IN FRESHWATER WETLANDS KNOWN AS COWBONE MARSH ADJACENT TO AND ABUTTING FISHEATING CREEK. FISHEATING CREEK IS A NAVIGABLE WATER OF THE U.S. THE SITE IS LOCATED IN COWBONE MARSH, GLADES COUNTY, FL. THE DEPOSITION OF DREDGE AND/OR FILL MATERIAL OCCURRED DURING CONSTRUCTION OF AN UNAUTHORIZED NAVIGATION CHANNEL IN WATERS OF THE U.S. COMMENCING ON OR ABOUT APR 1, 2010 TO MAY 31, 2010, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURIDICTIONAL WETLANDS AND WATERS ON THE SITE USING MECHANIZED EQUIPMENT, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A NAVIGATION CHANNEL WITHIN COWBONE MARSH. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 22 ACRES OF FORESTED FRESHWATER WETLANDS ADJACENT TO AND ABUTTING FISHEATING CREEK, A NAVIGABLE WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE DID THE RESPONDENT POSSESS A PERMIT UNDER CWA SECTION 404. ORDER REQUIRES: A. WITHIN 48 HOURS, RESPONDENT WILL NOTIFY EPA WHETHER OR NOT RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. B. WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA. EPA WILL REVIEW THE PLAN AND PROVIDE COMMENTS ON THE PLAN TO RESPONDENT. C. IF EPA PROVIDE COMMENTS ON THE PLAN, RESPONDENT SHALL THEN SUBMIT TO EPA THE REVISED SITE RESTORATION PLAN WITHIN 30 DAYS. D. RESPONDENT SHALL IMPLEMENT THE REVISED RESTORATION PLAN WITHIN 30 DAYS OF EPA'S APPROVAL OF THE PLAN AND COMPLETE THE SITE RESTORATION PLAN WITHIN 60 DAYS OF PLAN IMPLEMENTATION.

Defendants (1)

• FLORIDA FISH AND WILDLIFE COMMISSIONNamed in settlement

Facilities (1)

• WETLANDS (FLORIDA FISH AND WILDLIFE)

  COWBONE MARSH ADJACENT TO AND A, MOORE HAVEN, FL, 33471

  Registry ID: 110042348778

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• FLORIDA FISH AND WILDLIFE COMMISSIONentered 2010-09-07

  Primary law: CWA

Timeline (2 milestones)

• 2010-09-07Final Order Issued
• 2010-09-16Enforcement Action Data Entered