EPA v. LANDON, LOWELL

Case summary

8/14/2013 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. THIS AOC PERTAINS TO TEH DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. INCLUDING APPROX 0.35 ACRES OF FORESTED WETLANDS THAT ABUT AN UNNAMED TRIBUTARY TO THE BROAD RIVER, A NAVIGABLE WATER OF THE U.S. THE UNPERMITTED DISCHARGES OCCURRED AT TWO LOCATIONS OWNED BY MR. LOWELL LANDON - 573 JOE FRAZIER ROAD (SITE 1) AND AN UNIMPROVED LOT NORTHEAST OF SITE 1 (SITE 2) IN BEAUFORT, SC. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING RESIDENTIAL CONSTRUCTION AND MECHANICAL LAND CLEARING WITH DISCHARGE OF DREDGED AND/OR FILL MATERIAL. THE U.S. ARMY CORPS OF ENGINEERS CONDUCTED AN INSPECTION OF THE TWO SITES ON FEB 8, 2011, AND FOUND UNPERMITTED DISCHARGES OF FILL MATERIAL IN JURISDICTIONAL FORESTED WETLANDS. THE CORPS FORWARDED THE CWA ENFORCEMENT CASE FILE TO EPA ON FEB 11, 2011, REQUESTING THAT EPA RESOLVE THE ENFORCEMENT MATTER. EPA SENT MR. LANDON A CWA 308 INFO REQUEST ON SEPT 26, 2011. MR LANDON RESPONDED TO THE INFO REQUST ON OCT 20, 2011. EPA INSPECTED THE TWO SITES ON NOV 27, 2012 AN DFOUND UNPERMITTED DISCHARGES OF DREDGED MATERIAL IN JURISDICTIONAL WETLANDS. RESPONDENT AT ALL TIMES RELEVANT TO THIS AOC WAS THE OWNER AND/OR OPERATOR OF THE SITE: SITE 1 IS A 2.90 ACRE PARCEL THAT IS LOCATED AT 573 JOE FRAZIER ROAD; SITE 2 IS A 1.1 ACRE PARCEL LOCATED NORTHEAST OF SITE 1, ON THE EAST SIDE OF JOE FRAZIER ROAD, IN BEAUFORT, SC THAT CONTAINED THE DISCHARGE AREAS. COMMENCING ON OR ABOUT SEPT 2006 TO THE PRESENT, RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITES USING A TRACTOR, BACKHOE AND MECHANIZED EXCAVATOR, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH RESIDENTIAL DEVELOPMENT. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 0.35 ACRES OF FORESTED WETLANDS THAT ARE ADJACENT TO AN UNNAMED TRIBUTARY OF THE BROAD RIVER. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL DID RESPONDENT POSSESS A PERMIT UNDER CWA SECTION 404 AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL BY THE RESPONDENT.

Defendants (1)

• LANDON, LOWELLNamed in settlement

Facilities (1)

• WETLANDS - MR. LOWELL LANDON

  573 JOE FRAZIER ROAD, BEAUFORT, SC, 29906

  Registry ID: 110054923482

Statutes cited

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

Enforcement conclusions (1)

• LANDON, LOWELLentered 2013-08-03

  Primary law: CWA

Timeline (2 milestones)

• 2013-08-03Final Order Issued
• 2013-08-22Enforcement Action Data Entered