EPA v. DELACY MAGNUS PEAVY

Case summary

8/8/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $11,500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM ON OR ABOUT FEBRUARY 1, 2011, TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, IS A VIOLTION OF SECTION 301(a) OF THE CWA. EACH DAY THE MATERIAL DISCHARGED BY THE RESPONDENT AND/OR THOSE ACTING ON HIS BEHALF REMAINS IN WATERS OF THE UNITED STATES WITHOUT THE REQUIRED PERMIT PERMIT UNDER SECTION 404 OF THE CWA, CONSTITUTES A DAY OF VIOLATION OF SECTION 301 OF THE CWA.

Defendants (1)

• DELACY MAGNUS PEAVY (SB)Named in complaintNamed in settlement

Facilities (1)

• WETLANDS (DELACY MAGNUS PEAVY)

  1005 RIVER PLANTATION ROAD, CRAWFORDVILLE, FL, 32327

  Registry ID: 110059786110

Statutes cited

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

Enforcement conclusions (1)

• DELACY MAGNUS PEAVYentered 2014-08-08

  Primary law: CWA

  Federal penalty: $11,500

Timeline (4 milestones)

• 2014-08-08Complaint Filed/Proposed Order
• 2014-08-08Final Order Issued
• 2014-08-15Enforcement Action Data Entered
• 2014-08-21Enforcement Action Closed