EPA v. NORTHWEST FLORIDA HOLDINGS, INC. (ALLANTON SHIPYARDS)

Case summary

7/15/13 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. THIS AOC PERTAINS TO THE ALLEGED DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO WETLANDS AND WATERS OF THE U.S. ADJACENT TO AND ABUTTING ST. ANDREW BAY, LOCATED NEAR THE END OF HALTER MARINE DRIVE AND LONG ALLANTON ROAD, PANAMA CITY, BAY COUNTY, FL. THE ALLEGED DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. OCCURRED DURING THE DREDGING OF A MANMADE BASIN AND ST. ANDREW BAY TO FACILITATE THE THE LAUNCH AND CONSTRUCTION OF VESSELS. THE DEFENDANT, AT ALL TIMES RELEVANT TO THIS AOC, WAS THE OWNER AND/OR OPERATOR OF THE PARCELS OF LAND LOCATED AT 13300 ALLANTON ROAD, PANAMA CITY, FL THAT CONTAIN THE DISCHARGE AREA. COMMENCING IN 2005, AND UNTIL ON OR ABOUT FEB 24, 2010, THE DEFENDANT AND/OR THOSE ACTING ON BEHALF OF THE DEFENDANT, ALLEGEDLY DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS IN THE DISCHARGE AREA USING EARTH MOVING MACHINERY DURING ACTIVITIES ASSOCIATED WITH: THE DREDGING OF A MANMADE BASIN AND OUTLET TO ST. ANDREW BAY; DREDGING IN ST. ANDREW BAY; AND PLACEMENT OF DREDGE SPOIL IN WETLANDS TO FACILITATE THE LAUNCH AND CONSTRUCTION OF VESSELS BY DEPOSITING DREDGED AND/OR FILL MATERIAL IN WATERS AND WETLANDS. TO DATE, THE DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. THE DEFENDANT'S ACTIVITIES ARE ALLEGES TO HAVE IMPACTED WETLANDS THAT ARE ALLEGEDLY ADJACENT TO AND ABUTTING ST. ANDREW BAY, A NAVIGABLE-IN-FACT WATER OF THE U.S. AT NO TIME DURING THE ALLEGED DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA DID THE DEFENDANT POSSESS A PERMIT ISSUED PURSUANT TO CWA 404 AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL BY THE DEFENDANT. ON MAY 4, 2010, EPA ISSUED AN ADMINISTRATIVE COMPLIANCE ORDER ORDER DEFENDANT TO CEASE AND DESIST ADDITIONAL DISCHARGES OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S., AND TO SUBMIT A RESTORATION PLAN THAT WOULD: STABILIZE THE DISCHARGE AREA USING APPROPRIATE BEST MGMT PRACTICES; REMOVE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL DEPOSITED BY DEFENDANT INTO WATERS OF THE U.S.; AND RESTORE IMPACTED WATERS OF THE U.S. AT THE DISCHARGE AREA. ON JUNE 8, 2010, DEFENDANT SUBMITTED A RESPONSE TO THE ACO AND INFO REQUEST ALONG WITH A RESTORATION PLAN. ON OCT 10, 2012, DEFENDANT SUBMITTED A REVISED RESTORATION PLAN ENTITLED MITIGATION AND MONITORING PLAN (RESTORATION PLAN). EPA PROVIDED COMMENTS AND ON JAN 31, 2013, THE DEFENDANT SUBMITTED A FINAL RESTORATION PLAN THAT ADDRESSED EPA'S COMMENTS. ORDER REQUIRES: DEFENDANT WILL RESTORE DISCHARGE AREA IN ACCORDANCE WITH THE RESTORATION PLAN, COMMENCING WITHIN 60 DAYS. DEFENDANT SHALL SUBMIT A BASELINE MONITORING REPORT. DEFENDANT SHALL INSPECT THE RESTORATION AND MITIGATION AREAS ANNUALLY FOR 5 YEARS. AN INSPECTION REPORT SHALL BE SUBMITTED TO EPA ANNUALLY ON OR BEFORE NOV 1 OF EACH YEAR FOLLOWING THE BASELINE MONITORING REPORT. DEFENDANT SHALL IMPLEMENT THE WATER QUALITY ANALYSIS PLAN (WQAP) PREVIOUSLY APPROVED BY THE EPA AND SHALL REPORT ITS FINDINGS TO EPA IN ACCORDANCE WITH WQAP. DEFENDANT SHALL WITHDRAW ITS APPLICATION TO THE COE AND THE FL DEPT OF ENVIRONMENTAL PROTECTION TO CONVERT ITS UPLAND CUT LAUNCH BASIN TO A MARINA. DEFENDANT SHALL WITHDRAW ALL APPLICATIONS WITH BAY COUNTY, FL, FOR THE ESTABLISHMENT OF A PLANNED UNIT DEVELOPMENT AT ITS ALLANTON PROPERTIES. DEFENDANT SHALL PREPARE AND SUBMIT TO FDEP FOR APPROVAL A STORMWATER MGMT PLAN, A MULTI-SECTOR PLAN, A MULTI-SECTOR NPDES STORMWATER PERMIT APPLICCATION, AND ANY OTHER PERMIT APPLICATION THAT MAY BE REQUIRED BY FDEP FOR THE ALLANTON SITE TO COMPLY WITH CURRENT FDEP REQUIREMENTS FOR STORMWATER TREATMENT FOR FACILITIES DISCHARGING TO CLASS II CONDITIONALLY APPROVED WATERS. DEFENDANT SHALL HIRE A NEW ENVIRONMENTAL AFFAIRS DIRECTOR TO OVERSEE ENVIRONMENTAL COMPLIANCE AT THE SITE. WITHIN 90 DAYS, DEFENDANT SHALL COMPLETE AND SUBMIT A WRITTEN FACILITY COMPLIANCE REVIEW FOR THE ALLANTON FACILITY.

Defendants (1)

• NORTHWEST FLORIDA HOLDINGS, INC.Named in settlement

Facilities (1)

• WETLANDS (NORTHWEST FLORIDA HOLDINGS, INC.) (ALLANTON SHIPYARDS) 7/13/2010

  13376 ALLANTON ROAD, PANAMA CITY, FL, 32404

  Registry ID: 110042336521

Statutes cited

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

Enforcement conclusions (1)

• NORTHWEST FLORIDA HOLDINGS, INC. (ALLANTON SHIPYARDS)entered 2013-07-15

  Primary law: CWA

Timeline (2 milestones)

• 2013-07-15Final Order Issued
• 2013-07-25Enforcement Action Data Entered