EPA v. BLANKINSHIP, MILTON

Case summary

5/2/13 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $10,500, DUE WITHIN 30 DAYS. ALLEGATIONS: COMMENCING ON OR ABOUT JUNE 2005 TO OCT 2007, 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 IN CONNECTION WITH DITCHING ACTIVITIES INTENDED TO DRAIN INUNDATED AREAS OF THE SITE. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 4.7 ACRES OF FRESHWATER, FORESTED WETLANDS ADJACENT TO THE MIDDLE OCONEE RIVER. THE MIDDLE OCONEE RIVER IS A TRIBUTARY OF THE OCONEE RIVER, A TRADITIONAL NAVIGABLE WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM JUNE 15, 2005 TO THE PRESENT DID THE RESPONDENT POSSESS A PERMIT UNDER CWA 404 AUTHORIZING THE ACTIVITIES PERFORMED BY THE RESPONDENT.

Defendants (1)

• BLANKINSHIP, MILTONNamed in complaintNamed in settlement

Facilities (1)

• WETLANDS (BLANKINSHIP SAND COMPANY, LLC)

  EAST OF PJ ROBERTS ROAD AND JACKSON WAY, JEFFERSON, GA, 34997

  Registry ID: 110040412915

Statutes cited

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

Enforcement conclusions (1)

• BLANKINSHIP, MILTONentered 2013-05-02

  Primary law: CWA

  Federal penalty: $10,500

Timeline (4 milestones)

• 2013-05-02Complaint Filed/Proposed Order
• 2013-05-02Final Order Issued
• 2013-05-09Enforcement Action Data Entered
• 2013-06-03Enforcement Action Closed