EPA v. ALLEN BLUEBERRY FARMS, INC.

Case summary

5/28/14 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S., INCLUDING APPROX 4.5 ACRES OF WETLANDS IN ALMA, GA. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING ACTIVITIES ASSOCIATED WITH THE CLEARING AND FILLING OF WETLANDS FOR THE ESTABLISHMENT OF BLUEBERRY PRODUCTION. COMMENCING ON OR ABOUT JULY 2007 TO THE PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONVERSION OF FORESTED WETLANDS TO BLUEBERRY PRODUCTION. TO DATE, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 4.5 ACRES OF WETLANDS THAT ARE ADJACENT TO AN UNNAMED TRIBUTARY OF TENMILE CREEK, WHICH FLOWS THRU A SECOND UNNAMED TRIBUTARY TO TENMILE CREEK, THEN THRU TENMILE CREEK, AND HURRICANE CREEK, BEFORE JOINING THE ALABAHA RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S. AT NO TIME DURING THE DISCHRAGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM JULY 2007 TO THE PRESENT DID RESPONDENT POSSESS A PERMIT UNDER CWA 404 AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL BY RESPONDENT.

Defendants (1)

• ALLEN BLUEBERRY FARMS, INC. (SB)Named in settlement

Facilities (1)

• ALLEN BLUEBERRY FARMS, INC

  CARAWAY ROAD, ALMA, GA, 31510

  Registry ID: 110056394682

Statutes cited

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

Enforcement conclusions (1)

• ALLEN BLUEBERRY FARMS, INC.entered 2014-05-28

  Primary law: CWA

Timeline (2 milestones)

• 2014-05-28Final Order Issued
• 2014-06-05Enforcement Action Data Entered