EPA v. STUTTS, RANDALL

Case summary

1/11/2013 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT. ORDER STATES: COMMENCING ON OR ABOUT JUNE 2007 TO PRESENT, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO A TRIBUTARY ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A 5.2 ACRE LAKE. TO DATE, THE UNAUTHORIZED DREDGE AND/OR FILL MATERIAL REMAINS IN WATERS OF THE UNITED STATES. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROXIMATELY 1,375 LINEAR FEET OF AN UNNAMED PERENNIAL TRIBUTARY TO THE HARPETH RIVER, A NAVIGABLE-IN-FACT WATER OF THE UNITED STATES. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM JUNE 2007 TO PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL BY RESPONDENT. IN VIOLATION OF SECTIONS 301 AND 404 OF THE CWA.

Defendants (1)

• STUTTS, RANDALLNamed in settlement

Facilities (1)

• WETLANDS (RANDALL STUTTS)

  1850 HIGHWAY 70E, KINGSTON SPRINGS, TN, 37082

  Registry ID: 110041885555

Statutes cited

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

Enforcement conclusions (1)

• STUTTS, RANDALLentered 2013-01-11

  Primary law: CWA

Timeline (2 milestones)

• 2013-01-11Final Order Issued
• 2013-02-11Enforcement Action Data Entered