EPA v. GAISER, COREY

Case summary

9/19/11 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS FO THE U.S. IMPACTING APPROX 3.4 ACRES OF JURISDICTIONAL WETLANDS ABUTTING AN UNNAMED TRIBUTARY OF FOXWORTH MILL CREEK DURING CONSTRUCTION OF AN ACCESS ROAD AND POND. COMMENCING ON OR ABOUT MARCH 2011 TO THE PRESENT, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO STREAMS AND WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING THE COURSE OF CONSTRUCTING AN ACCESS ROAD AND POND. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED WETLANDS ABUTTING AN UNNAMED RELATIVELY PERMANENT TRIBUTARY OF FOXWORTH MILL CREEK. FOXWORTH MILL CREEK FLOWS INTO DRY CREEK, WHICH IS A DIRECT TRIBUTARY OF THE CHIPOLA RIVER, A NAVIGABLE WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA 404. ORDER REQUIRES: A. IMMEDIATELY, RESPONDENT SHALL CEASE PARTICIPTING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES. B. WITHIN 48 HOURS, RESPONDENT WILL NOTIFY EPA WHETHER OR NOT RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. C. WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO THE EPA. THE PLAN SHOULD INCLUDE MEASURES TO ACCOMPLISH THE FOLLOWING: (1) STABLIZE THE DISCHARGE AREA USING APPROPRIATE BEST MGMT PRACTICES; (2) RESTORE THE IMPACTED WETLANDS; (3) PROVIDE A SCHEDULE FOR IMPLEMENTATION. EPA WILL REVIEW THE PLAN AND PROVIDE COMMENTS ON THE PLAN TO THE RESPONDENT. D. IF EPA PROVIDES COMMENTS ON THE PLAN, 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 AND COMPLETE SITE RESTORATION WITHIN 60 DAYS OF PLAN IMPLEMENTATION.

Defendants (1)

• GAISER, COREYNamed in settlement

Facilities (1)

• GAISER, COREY

  700 DOVE DRIVE, MARIANNA, FL, 32448

  Registry ID: 110044226995

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• GAISER, COREYentered 2011-09-19

  Primary law: CWA

Timeline (2 milestones)

• 2011-09-19Final Order Issued
• 2011-09-20Enforcement Action Data Entered