EPA v. SLOAN, KEVIN, TRIPLE E INVESTMENTS, LLC, LARRY SLOAN REAL ESTATE CO., LLC

Case summary

6/5/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $167,500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: COMMENCING ON OR ABOUT AUGUST 1, 2007, RESPONDENTS, AND/OR THOSE ACTING ON BEHALF OFTHE RESPONDENTS DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE UNITED STATES ON THE SITE USING TRACKHOES, BULLDOZERS, AND DUMP TRUCKS DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF TWO DAMS AND THE CREATION OF A 77 ACRE PRIVATE RECREATIONAL LAKE. TO PRESENT, FILL REMAINS IN PLACE ON THE SITE. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM ON OR ABOUT AUGUST 1, 2007, TO PRESENT, DID THE RESPONDENTS POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY THE RESPONDENTS. THE DISCHARGES HAVE, THEREFORE, BEEN MADE IN VIOLATION OF SECTION 301(a) OF THE CWA, 33 U.S.C. SECTION 1311(a). EACH DISCHARGE BY THE RESPONDENTS OF POLLUTANTS OF INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, IS A VIOLATION OF SECTION 301(a) OF THE CWA. EACH DAY THE MATERIAL DISCHARGED BY THE RESPONDENTS REMAINS IN WATERS OF THE UNITED STATES WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OF THE CWA, CONSTITUTES A DAY OF VIOLATION OF SECTION 301 OF THE CWA.

Defendants (3)

• LARRY SLOAN REAL ESTATE COMPANY, LLC (SB)Named in complaintNamed in settlement
• SLOAN, KEVIN (SB)Named in complaintNamed in settlement
• TRIPLE E INVESTMENTS, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• WETLANDS (SLOAN, KEVIN)

  SECTION 5, TOWNSHIP 7 NORTH, RANGE 2 WEST, BIGBEE, AL, 36558

  Registry ID: 110040413175

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• SLOAN, KEVIN, TRIPLE E INVESTMENTS, LLC, LARRY SLOAN REAL ESTATE CO., LLCentered 2012-06-05

  Primary law: CWA

  Federal penalty: $167,500

Timeline (4 milestones)

• 2012-06-05Complaint Filed/Proposed Order
• 2012-06-05Final Order Issued
• 2012-06-21Enforcement Action Data Entered
• 2012-07-03Enforcement Action Closed