EPA v. BRELAND COMPANIES, LLC

Case summary

8/30/11 - CONSENT AGREEMENT AND FINAL PENALTY ORDER ISSUED, ASSESSING A PENALTY OF $3,000 DUE WITHIN 30 DAYS. THE DISCHARGE AREA IS IN WETLANDS THAT ARE ADJACENT TO AN UNNAMED TRIBUTARY TO HARDIMAN BRANCH, WHICH IS A TRIBUTARY TO BEAVERDAM CREEK. BEAVERDAME CREEK IS A PERENNIAL WATER THAT DISCHARGES INTO THE TENNESSEE RIVER AT RIVER MILE 310.7, A NAVIGABLE WATER OF THE UNITED STAES. THE DISCHARGE AREA IS LOCATED EACH OF HARDIMAN ROAD IN MADISON, LIMESTONE COUNTY, AL. COMMENCING ON OR ABOUT JULY 2010, RESPONDENTS OR THOSE ACTING ON BEHALF OF RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CLEARING AND FILLING OF JURISDICTIONAL WETLANDS DURING DEVLEOPMENT OF A RESIDENTIAL SUBDIVISION. RESPONDENT IMPACTED APPROX 1.34 ACRES OF WETLANDS THAT ARE ADJACENT TO AN UNNAMED TRIBUTARY TO HARDIMAN BRANCH THAT FLOWS TO HARDIMAN BRANCH, A TRIBUTARY TO BEAVERDAM CREEK, WHICH IN TURN FLOWS TO THE TENNESSEE RIVER, A NAVIGALE WATER OF THE U.S.

Defendants (1)

• BRELAND, LOUIS W.Named in complaintNamed in settlement

Facilities (1)

• BRELAND HOMES INC

  COUNTY ROAD 87, MADISON, AL, 27824

  Registry ID: 110020836470

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• BRELAND COMPANIES, LLCentered 2011-08-30

  Primary law: CWA

  Federal penalty: $3,000

Timeline (5 milestones)

• 2011-06-17Enforcement Action Data Entered
• 2011-08-30Complaint Filed/Proposed Order
• 2011-08-30Final Order Issued
• 2011-08-31NPDES Closed
• 2011-08-31Enforcement Action Closed