EPA v. LEE, ROBERT (LANYARD DEVELOPMENT)

Case summary

9/11/2013 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. ORDER STATES: AT NO TIME DURING THE RESPONDENT'S DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE DISCHARGE OF SUCH DREDGED AND/OR FILL MATERIAL. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404. EACH DAY THE MATERIAL DISCHARGED BY THE RESPONDENT 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. ORDER REQUIRES: WITHIN 30 DAY AFTER RECEIPT OF THE SIGNED AOC, RESPONDENT SHALL BEGIN RESTORATION OF THE 106 ACRES OF WETLANDS AFFECTED AT THE DISCHARGE AREA. THE RESTORATION SHALL INCLUDETHE REMOVAL OF FILL MATERIAL AND THE RESTORATION OF THE NATURAL ELEVATION OF THE DISCHARGE AREA. a. THE RESPONDENT SHALL NOTIFY THE EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION WITHIN 30 DAYS AFTER RECEIPT OF THE SIGNED AOC. RESTORATION MUST BE COMPLETED WITHIN 90 DAYS. WITHIN 30 DAYS AFTER COMPLETION OF RESTORATION, THE RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE. b. THE RESPONDENT SHALL INSPECT THE RESTORED AREA 12 MONTHS AFTER COMPLETION OF THE RESTORATION. c. SHOULD NATURAL RE-VEGETATION NOT OCCUR WITHIN THE TIME FRAME OUTLINED IN THIS AOC, THE RESPONDENT SHALL STABILIZE THE IMPACTED AREAS USING A WETLAND SEED MIX; PEFORM INVASIVE SPECIES AND PEST MANAGEMENT; AND MONITOR AND REPORT TO THE EPA THE SUCCESS OF THE RESTORATION ACTIVITIES.

Defendants (1)

• LEE, ROBERT (SB)Named in settlement

Facilities (1)

• LANYARD DEVELOPMENT

  TOWLES ROAD & JIMMY BELOACH BLVD., POOLER, GA, 31322

  Registry ID: 110055641747

Statutes cited

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

Enforcement conclusions (1)

• LEE, ROBERTentered 2013-09-11

  Primary law: CWA

Timeline (2 milestones)

• 2013-09-11Final Order Issued
• 2013-09-18Enforcement Action Data Entered