EPA v. VISTA BUILDERS, INC.

Case summary

9/30/14 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $5,000, DUE WITHIN 30 DAYS. ALLEGATIONS:AT ALL TIMES RELEVANT TO THIS ACTION RESPONDENT OWNED TWO PARCELS OF LAND KNOWN AS LOT Z216 AND Q356 WITHIN THE DEVELOPMENT KNOWN AS PALM BEACH COUNTRY ESTATES. LOT Z-216 IS LOCATED AT 140TH TRAIL NORTH, PALM BEACH GARDENS, PALM BEACH COUNTY, FL. LOT Q-356 IS LOCATED AT 87TH WAY NORTH, PALM BEACH GARDENS, PALM BEACH COUNTY, FL. ON OR ABOUT APR 17, 2014, RESPONDENT, OR THOSE ACTING ON BEHALF OF RESPONDENT, USED EARTH MOVING MACHINERY TO DEPOSIT DREDGED AND/OR FILL MATERIAL INTO WETLANDS AT LOT Z-216 AND LOT Q-356. RESPONDENT'S ACTIVITIES IMPACTED APPROX 0.29 ACRES OF JURISDICTIONAL WETLANDS THAT ABUT AND ARE ADJACENT TO AN UNNAMED TRIBUTARY WHICH FLOWS TO CANAL C-18, AND THEN TO THE LOXAHATCHEE RIVER. THE LOXAHATCHEE RIVER IS A TIDALLY INFLUENCED TRADITIONALLY NAVIGABLE WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL DID RESPONDENT POSSESS A PERMIT PURSUANT TO CWA 404.

Defendants (1)

• VISTA BUILDERS, INC. (SB)Named in complaintNamed in settlement

Facilities (2)

• WETLANDS (VISTA BUILDERS)

  140TH TRAIL NORTH, WEST PALM BEACH, FL, 33418

  Registry ID: 110062626190

• WETLANDS (VISTA BUILDERS)

  87TH WAY NORTH, WEST PALM BEACH, FL, 33418

  Registry ID: 110062626216

Statutes cited

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

Enforcement conclusions (1)

• VISTA BUILDERS, INC.entered 2014-09-30

  Primary law: CWA

  Federal penalty: $5,000

Timeline (4 milestones)

• 2014-09-30Enforcement Action Data Entered
• 2014-09-30Final Order Issued
• 2014-09-30Complaint Filed/Proposed Order
• 2014-11-18Enforcement Action Closed