EPA v. THORNTON, GEORGE

Case summary

6/16/14 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. IMPACTING APPROX 850 LINEAR FEET OF MOBLEY CREEK WHICH IS A TRIBUTARY TO HORN CREEK, A NAVIGABLE WATER OF THE U.S. THE UNPERMITTED DISCHARGES OCCURRED ON PROPERTY LOCATED SOUTHEAST OF WALKER ROAD AND STATE ROUTE 23 IN EDGEFIELD COUNTY, SC. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE CONSTRUCTION OF A RECREATIONAL IMPOUNDMENT CONSTRUCTED BY MR. BERT STOREY. SUBSEQUENT TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL BY MR. STOREY, THE IMPOUNDMENT AND ADJACENT UPLANDS WERE PURCHASED BY MR. GEORGE THORNTON, WHO IS THE CURRENT OWNER OF THE PROPERTY. THE U.S. ARMY CORPS OF ENGINEERS CONDUCTED AN INSPECTION OF THE PROPERTY ON NOV 22, 2011 AND FOUND UNPERMITTED DISCHARGES OF FILL MATERIAL IN JURISDICTIONAL WATERS OF THE U.S. UNDER THE MEMO OF AGREEMENT BETWEEN THE CORPS AND EPA CONCERNING FEDERAL ENFORCEMENT FOR THE SECTION 404 PROGRAM OF THE CWA DATED JAN 19, 1989, THE CORPS FORWARDED THE CWA ENFORCEMENT CASE FILE TO EPA ON FEB 1, 2012, REQUESTING THAT EPA RESOLVE THE ENFORCEMENT MATTER. MR. BERT STOREY OR PERSONS ACTING ON HIS BEHALF, DEPOSITED FILL MATERIAL ON THE SITE IN JURISDICTIONAL WATERS OF THE U.S. FROM MAR 10, 2007, THRU FEB 22, 2008. MR. THORNTON PURCHASED THE SITE WHICH INCLUDED THE IMPOUNDMENT ON MOBLEY CREEK FROM MR. STOREY ON JUNE 30, 2008. MR. THORNTON WAS NOT AWARE THAT THE IMPOUNDMENT WAS CONSTRUCTED IN VIOLATION OF THE CWA UNTIL HE RECEIVED A CERTIFIED LETTER FROM THE CORPS IN OCT 2011. EPA SENT MR. THORNTON A CWA SECTION 308 INFO REQUEST ON MAY 22, 2012. MR. THORNTON RESPONDED TO THE INFO REQUEST ON JUNE 26, 2012. EPA INSPECTED THE PROPERTY ON NOV 13, 2012, AND FOUND AN UNPERMITTED DISCHARGE OF DREDGED AND/OR FILL MATERIAL IN MOBLEY CREEK. MR. THORNTON AT ALL TIMES RELEVANT TO THIS AOC AFTER JUNE 30, 2008, WAS THE OWNER OF THE SITE THAT CONTAINED THE DISCHARGE AREA. COMMENCING ON OR ABOUT MARCH 10, 2007, THRU THE PRESENT, MR. STOREY AND/OR THOSE ACTING ON BEHALF OF MR. STOREY, DISCHARGED DREGED AND/OR FILL MATERIAL INTO MOBLEY CREEK USING A CASE 160 TRACK BACKHOE AND CASE 650 BULLDOZER IN ASSOCIATION WITH CONSTRUCTING THE UNAUTHORIZED IMPOUNDMENT ON THE SITE. TO DATE, THE UNAUTHORIZED DREDGE AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. MR. STOREY'S UNAUTHORIZED ACTIVITIES ON THE SITE IMPACTED APPROX 850 LINEAR FEET OF MOBLEY CREEK WHICH IS A TRIBUTARY TO HORN CREEK. AT NO TIME DURING THE DISCHARGE DID MR. STOREY POSSESS A PERMIT UNDER CWA 404. ORDER REQUIRES: RESPONDENT SHALL RECORD THE RESTRICTIVE COVENANT WITH THE PROPERTY TITLE AND DEED WITHIN 90 DAYS.

Defendants (1)

• THORNTON, GEORGENamed in settlement

Facilities (1)

• EDGEFIELD (GRACEWOOD PROPERTIES, LLC)

  SC ROUTE 23 (WALKER ROAD), EDGEFIELD, SC, 29824

  Registry ID: 110055367428

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• THORNTON, GEORGEentered 2014-06-16

  Primary law: CWA

Timeline (2 milestones)

• 2014-06-16Final Order Issued
• 2014-06-26Enforcement Action Data Entered