EPA v. MURPHY OIL USA, INC. AND SANDY DESTINATION, LLC

Case summary

2/19/2014 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE U.S. INCLUDING APPROX 1.39 ACRES OF FORESTED FRESHWATER WETLANDS ABUTTING AND/OR ADJACENT TO AN UNNAMED TRIBUTARY OF HEWETT BAYOU, ON PROPERTY LOCATED AT THE SE CORNER OF U.S. HWY 98 AND HEWETT ROAD, WALTON COUNTY, FL. RESPONDENT MURPHY AT ALL TIMES RELEVANT TO THIS AOC, WAS THE OPERATOR OF THE PARCEL OF LAND LOCATED AT THE SE CORNER OF U.S. HWY 98 AND HEWETT D. RESPONDENT SANDY AT ALL TIMES RELEVANT TO THIS AOC, WAS THE OWNER OF THE SITE. COMMENCING ON OR ABOUT APR 22, 2013, RESPONDENT MURPHY AND/OR THOSE ACTING ON ITS BEHALF, DISCHARGING DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A GAS STATION. CURRENLTY, THE FILL MATERIAL REMAINS IN WATERS OF THE U.S. RESPONDENT MURPHY'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 1/29 ACRES OF FORESTED FRESHWATER WETLANDS ABUTTING AND/OR ADJACENT TO AN UNNAMED TRIBUTARY OF HEWETT BAYOU. HEWETT BAYOU IS A TIDALLY INFLUENCED TRADITIONAL NAVIGABLE WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM ON OR ABOUT APR 22, 2013 TO THE PRESENT DID RESPONDENT MURPHY OR SANDY POSSESS A PERMIT UNDER CWA 404 AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT MURPHY AND/OR THOSE ACTING ON ITS BEHALF. ORDER REQUIRES: A. WITHIN 30 DAQYS, RESPONDENT MURPHY SHALL APPLY TO THE U.S. ARMY CORPS OF ENGINEERS FOR AFTER-THE-FACT PERMIT AUTHORIZATION FOR APPROX 1.29 ACRES OF DREDGED AND/OR FILL MATERIAL TO REMAIN IN WATERS OF THE U.S AT THE DISCHARGE AREA. IF GRANTED, RESPONDENT MURPHY SHALL TIMELY COMPLY WITH ALL REQUIREMENTS AND CONDITIONS OF THE PERMIT. B. RESPONDENT MURPHY SHALL PROVIDE A COPY OF THE PERMIT APPLICATION TO EPA WITHIN 10 DAYS OF SUBMITTAL OF SUCH TO THE CORPS. C. RESPONDENT MURPHY SHALL PROVIDE TO EPA A COPY OF THE CORPS' PERMIT AUTHORIZATION, INCLUDE ANY CONDITIONS THERTO, IF GRANTED, WITHIN 10 DAYS OF ISSUANCE. WITHIN 45 DAYS, RESPONDENT SANDY AGTRESS TO IMPLEMENT A DEED OF CONSERVATION EASEMENT AS APPROVED BY THE CORPS PROVIDING FOR THIRD PARTY BENEFICIARY RIGHTS TO THE CORPS PERTAINING TO APPROX 5.88 ACRES; COMPLY WITH ALL REQUIREMENTS CONTAINED THEREIN; AND RECORD SUCH DEED ALONG WITH AN EXECUTED COPY OF THIS AOC IN THE APPROPRIATE RECORDER OF DEEDS OFFICE IN WALTON COUNTY, FL. RESPONDENT SANDY SHALL PROVIDE A COPY OF THE RECORDED DEED OF CONSERVATION EASEMENT TO EPA WITHIN 10 DAYS OF RECORDING.

Defendants (2)

• MURPHY OIL USA, INC.Named in settlement
• SANDY DESTINATION, LLCNamed in settlement

Facilities (1)

• WETLANDS (MURPHY OIL USA, INC.)

  SW CORNER OF U.S. HWY 98 AND HEWETT ROAD, SANTA ROSA BEACH, FL, 32459

  Registry ID: 110058290674

Statutes cited

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

Enforcement conclusions (1)

• MURPHY OIL USA, INC. AND SANDY DESTINATION, LLCentered 2014-02-19

  Primary law: CWA

Timeline (2 milestones)

• 2014-02-19Final Order Issued
• 2014-03-18Enforcement Action Data Entered