EPA v. BENNETT, KENNETH

Case summary

4/12/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: COMMENCING ON OR ABOUT MAY 2010, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, 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 DITCHING ACTIVITIES TO DRAIN AGRICULTURAL FIELDS. RESPONDENT IMPACTED APPROXIMATELY 4.4 ACRES OF WETLANDS (DISCHARGE AREA) THAT ARE ADJACENT TO REEDY CREEK THAT FLOWS TO MULE CREEK, A TRIBUTARY TO OKAPILCO CREEK, WHICH IN TURN FLOWS TO THE WITHLACOOCHEE RIVER. THE WITHLACOOCHEE RIVER IS A TRIBUTARY OF THE SUWANEE RIVER, A NAVIGABLE WATER OF THE UNITED STATES. RESPONDENT'S PLACEMENT OF THE DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA CONSTITUTES A DISCHARGE OF POLLUTANTS AS DEFINED UNDER SECTION SECTION 502(12) OF THE CWA, 33 U.S.C. AT NO DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE SITE DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY THE RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA.

Defendants (1)

• BENNETT, KENNETH (SB)Named in complaintNamed in settlement

Facilities (1)

• WETLANDS (BENNETT, KENNETH)

  ADJ TO SALEM ROAD, S OF INTERSECTION W/ HWY 33, PAVO, GA, 31778

  Registry ID: 110041883780

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• BENNETT, KENNETHentered 2012-04-12

  Primary law: CWA

  Federal penalty: $2,500

Timeline (4 milestones)

• 2012-04-12Final Order Issued
• 2012-04-12Complaint Filed/Proposed Order
• 2012-04-23Enforcement Action Data Entered
• 2012-05-07Enforcement Action Closed