EPA v. ST. MARY'S RAILWAY WEST, LLC / STRICKLAND, CLAUDIUS M.

Case summary

2/14/11 - 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 BUT NOT LIMITED TO 1,570 LINEAR FEET OF TRIBUTARIES TO THE SATILLA RIVER AND INCLUDING BUT NOT LIMITED TO APPROX 25 ACRES OF ABUTTING AND ADJACENT WETLANDS. THE IMPACTS RESULTS FROM UNAUTHORIZED ACTIVITEIS WITHIN AN APPROX 17-MILE LONG BY 100-YARD WIDE PROJECT CORRIDOR IN WHICH A RAILWAY EXPANSION IS UNDERWAY EXTENDING FROM MILEPOST AP 594.69 NEAR WARESBORO TO MILEPOST AP 617.94 NEAR PEARSON AND WARE AND ATKINSON COUNTIES, GA. CLAUDIUS M. STRICKLAND AND ST. MARYS RAILWAY WEST, LLC AT ALL TIMES RELEVANT TO THIS ORDER WERE THE OWNERS AND OPERATORS OF THE SITE THAT CONTAINED THE DISCHARGE AREAS. COMMENCING ON OR ABOUT JUNE 2007 TO THE PRESENT, RESPONDENTS OR THOSE ACTING ON BEHALF OF THE RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. ON THE SITE USING EARTH MOVING MACHINERY DURING CONSTRUCTION OF A RAILWAY AND RAILWAY FACILITIES. RESPONDENTS' UNAUTHORIZED ACTIVITIES IMPACTED AT LEAST 1,570 LINEAR FEET OF TRIBUTARIES TO THE SATILLA RIVER AND AT LEAST APPROX 25 ACRES OF ABUTTING AND ADJACENT WETLANDS. AT NO TIME DURING THE DISCHARGE DID RESPONDENTS POSSESS A PERMIT UNDER CWA SEC 404. ORDER REQUIRES: IMMEDIATELY RESPONDENTS SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF AND DREDGED OR FILL MATERIAL INTO WATERS OF THE U.S. AT OR FROM THE SITE AND/OR DISCHARGE AREA. WITHIN 48 HOURS, RESPONDENTS SHALL NOTIFY EPA WHETHER OR NOT RESPONDENTS INTEND TO COMPLY WITH THIS ORDER.

Defendants (2)

• ST. MARYS RAILWAY WEST, LLCNamed in settlement
• STRICKLAND, CLAUDIUS M.Named in settlement

Facilities (1)

• WETLANDS (SAINT MARY'S RAILWAY WEST, LLC)

  FULLWOOD CREEK, WARESBORO, GA, 31564

  Registry ID: 110037955987

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• ST. MARY'S RAILWAY WEST, LLC / STRICKLAND, CLAUDIUS M.entered 2011-02-14

  Primary law: CWA

Timeline (2 milestones)

• 2011-02-14Final Order Issued
• 2011-03-02Enforcement Action Data Entered