EPA v. STRICKLAND, CLAUDIUS R. AND ST. MARYS RAILWAY WEST, LLC

Case summary

THE CD WAS ENTERED ON JULY 25, 2014 AND ALLEGES THAT THE DEFENDANTS VIOLATED CWA 301(a) BY DISCHARGING DREDGED AND/FILL MATERIAL INTO WATERS OF THE U.S. AT AN APPROX 23-MILE-LONG RAILWAY SPUR SITE LOCATED IN WARE AND ATKINSON COUNTIES, GA, WITHOUT AUTHORIZATION BY THE U.S. DEPT OF THE ARMY. DEFENDANTS ARE ENJOINED FROM UNLAWFULLY DISCHARGING ANY POLLUTANT INTO WATERS OF THE U.S. DEFENDANTS SHALL PAY $175,000 TO PURCHASE APPROX 159.1 WETLANDS CREDITS FROM THE MUSKEY BAY MITIGATION BANK (A U.S. ARMY CORPS OF ENGINEERS APPROVED MITIGATION BANK WITHIN THE PRIMARY SERVICE AREA OF THE SITE). DEFENDANTS SHALL APPLY FOR COVERAGE UNDER AND COMPLY WITH GA'S CONSTRUCTION GENERAL PERMIT GAR100001 FOR ANY STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTOIN ACTIVITIES. DEFENDANTS SHALL APPLY FOR COVERAGE UNDER AND COMPLY WITH GENERAL PERMIT FOR STORM WATER ASSOCIATED WITH INDUSTRIAL ACTIVITY PERMIT GAR000000, FOR ALL APPLICABLE INDUSTRIAL ACTIVITIES AT THE SITE. DEFENDANTS SHALL ALSO PAY A CIVIL PENALTY TO THE U.S. IN THE TOTAL AMOUNT OF $25,000. AS OF THE EFFECTIVE DATE OF THE CD, NATIONWIDE PERMIT 32 AUTHORIZES ANY FILL THAT WAS DISCHARGED AT THE SITE TO REMAIN IN PLACE SUBJECT TO THE CONDITIONS PROVIDED IN NATIONWIDE PERMIT 32 AND THE CD.

Defendants (2)

• STRICKLAND, CLAUDIUS R. (SB)Named in complaintNamed in settlement
• ST. MARYS RAILWAY WEST, LLC (SB)Named in complaintNamed in settlement

Facilities (5)

• WETLANDS, ST. MARYS RAILWAY WEST, AREA I

  LAT/LONG: 31.260029 / -82.598189, MILLWOOD, GA, 31552

  Registry ID: 110056130486

• WETLANDS, ST. MARYS RAILWAY WEST, AREA H

  LAT/LONG 31.258765/-82.586481, MILLWOOD, GA, 31552

  Registry ID: 110056130477

• ST. MARY RR; W, LLC

  4310 ALBANY AVE., WARESBORO, GA, 31564

  Registry ID: 110037942117

• WETLANDS, ST. MARYS RAILWAY WEST, AREA J

  LAT/LONG: 31.261267 / -82.613715, MILLWOOD, GA, 31552

  Registry ID: 110056130495

• ST. MARY'S RAILWAY WEST, LLC

  4310 ALBANY AVENUE, WARESBORO, GA, 31564

  Registry ID: 110037942117

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• STRICKLAND, CLAUDIUS R. AND ST. MARYS RAILWAY WEST, LLC (04-2014-C015)entered 2014-07-25

  Primary law: CWA

  Federal penalty: $25,000

Timeline (9 milestones)

• 2010-07-21Referred To Dept Of Justice
• 2010-08-05Enforcement Action Data Entered
• 2013-03-07Supplemental Referral-Other
• 2013-03-28Complaint Filed With Court
• 2013-03-28Final Order Lodged
• 2014-07-25Final Order Entered
• 2014-07-25Concluded
• 2014-11-21NPDES Closed
• 2014-11-21Enforcement Action Closed