EPA v. PEACE RIVER PROPERTY INVESTMENTS, LLC

Case summary

1/21/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $38,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: COMMENCING ON OR ABOUT MARCH 11, 2004, TO PRESENT, 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 ASSOCIATED WITH THE CLEARING AND FILLING OF WETLANDS FOR RESIDENTIAL DEVELOPMENT. RESPONDENT IMPACTED APPROXIMATELY 0.27 ACRES OF WETLANDS (DISCHARGE AREA) THAT ARE ADJACENT TO THE PEACE RIVER, A NAVIGABLE-IN-FACT WATER OF THE UNITED STATES. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM MARCH 11, 2004, TO PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT.

Defendants (1)

• PEACE RIVER PROPERTY INVESTMENTS, LLCNamed in complaintNamed in settlement

Facilities (1)

• WETLANDS

  HIGHWAY 17, CLEVELAND, FL, 33982

  Registry ID: 110039157364

Statutes cited

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

Enforcement conclusions (1)

• PEACE RIVER PROPERTY INVESTMENTS, LLCentered 2014-01-21

  Primary law: CWA

  Federal penalty: $38,000

Timeline (4 milestones)

• 2014-01-21Complaint Filed/Proposed Order
• 2014-01-21Final Order Issued
• 2014-03-20Enforcement Action Closed
• 2014-03-21Enforcement Action Data Entered