EPA v. BROYLES, DAN MR.

Case summary

5/21/2014 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. ORDER STATES: COMMENCING ON OR ABOUT DECEMBER 2013, TO PRESENT, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE MECHANIZED CLEARING OF WETLANDS ON THE SITE. TO DATE, THE UNAUTHORIZED DREDGE AND/OR FILL MATERIAL REMAINS IN WATERS OF THE UNITED STATES. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM DECEMBER, 2013. TO PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL 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 VIOLATION OF SECTION 301(a) OF THE CWA. ORDER REQUIRES: RESPONDENT AGREES TO THE FOLLOWING: A. REMOVE ALL DREDGED AND/OR FILL MATERIAL WITHIN THE DISCHARGE AREA TO THE ORIGINAL SOIL SURFACE AND REPLANT WETLANDS WITH APPROVED WETLAND SPECIES AS DETAILED IN THE RESTORATION PLAN PREPARED BY SOIL ENVIRONMENTAL SPECIALIST AND SUBMITTED TO THE EPA ON FEBRUARY 2, 2014. B. THE RESPONDENT SHALL NOTIFY 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 AFTER RECEIPT OF THE SIGNED AOC. WITHIN 30 DAYS AFTER COMPLETION OF THE RESTORATION, THE RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE. C. THE RESPONDENT SHALL INSPECT THE RESTORED AREA ANNUALY FOR THREE YEARS AFTER COMPLETION OF INITIAL PLANTING TO DETERMINE SUCCESS OF THE PLANTING. AFTER EACH ANNUAL INSPECTION, THE RESPONDENT SHALL REPLACE NON-VIABLE SPECIES WITH THE NUMBER OF TARGET SPECIES TO ENSURE THE VEGETATIVE SUCCESS CRITERION OF 80 PERCENT SURVIVVAL OF PLANTED SPECIES IS ACHIEVED. D. UNLESS THE EPA AGREES OTHERWISE IN WRITING, THE RESPONDENT SHALL SUBMIT THE FIRST ANNUAL INSPECTION REPORT TO THE EPA ON OR BEFORE DECEMBER 31, 2014, THE SECOND REPORT ON OR BEFORE DECEMBER 31, 2015, AND THE FINAL ANNUAL INSPECTION REPORT ON OR BEFORE DECEMBER 31, 2016. INSPECTION REPORTS SHALL INCLUDE THE FOLLOWING: DATE OF INSPECTION; COLOR PHOTOS OF THE RSTORATION SITE TAKEN FROM ESTABLISHED LOCATIONS; APPROXIMATE NUMBER OF REPLANTED FORESTED SPECIES SURVIVING; THE NUMBER OF WETLAND SPECIES REPLANTED (IF REQUIRED) TO SATISFY THE 80 PERCENT SURVIVAL RATE SUCCESS CRITERION; AND ANY CORRECTIVE MEASURES TAKEN TO ENSURE STABILITY OF THE RESTORATION AREA.

Defendants (1)

• BROYLES, DAN MR.Named in settlement

Facilities (1)

• BROYLES PROPERTY

  GA HWY 7, ADEL, GA, 31620

  Registry ID: 110056395244

Statutes cited

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

Enforcement conclusions (1)

• BROYLES, DAN MR.entered 2014-05-21

  Primary law: CWA

Timeline (2 milestones)

• 2014-05-21Final Order Issued
• 2014-05-29Enforcement Action Data Entered