EPA v. SHILOH PECAN FARMS, INC.

Case summary

7/10/2015 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $22,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BETWEEN APRIL 2012 AND MAY 2014, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO FORESTED WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONVERSION OF WETLANDS TO A PECAN ORCHARD. TO DATE, THE UNAUTHORIZED DREDGE AND/OR FILL MATERIAL REMAINS IN WATERS OF THE UNITED STATES. RESPONDENT IMPACTED APPROXIMATELY 67.25 ACRES OF FORESTED WETLANDS THAT ABUT AN UNNAMED TRIBUTARY, WHICH FLOWS TO CAT CREEK, WHICH FLOWS INTO THE WITHLACOOCHEE RIVER, A NAVIGABLE-IN-FACT WATER OF THE UNITED STATES. THE DISCHARGE DREDGED AND/OR FILL MATERIAL, INCLUDING EARTHEN MATERIAL DEPOSITED AT THE DISCHARGE AREA, ARE POLLUTANTS AS DEFINED UNDER THE CWA. THE EXCAVATORS AND BULLDOZERS EMPLOYED BY RESPONDENT TO DEPOSIT THE DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA ARE POINT'SOURCES AS DEFINED UNDER THE CWA SECTION 504. RESPONDENT'S PLACEMENT OF THE DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA CONSTITUTES DISCHARGE OF POLLUTANTS AS DEFINED UNDER THE CWA SECTION 502. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM JUNE 2013 TO THE PRESENT, DID RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. EACH DISCHARGE BY 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.

Defendants (1)

• SHILOH PECAN FARMSNamed in complaintNamed in settlement

Facilities (1)

• WETLANDS (SHILOH PECAN FARMS)

  COUNTY ROAD 33, KAY CITY, GA, 31645

  Registry ID: 110059716482

Statutes cited

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

Enforcement conclusions (1)

• SHILOH PECAN FARMS, INC.entered 2015-07-10

  Primary law: CWA

  Federal penalty: $22,000

Timeline (4 milestones)

• 2015-07-10Complaint Filed/Proposed Order
• 2015-07-10Final Order Issued
• 2015-07-22Enforcement Action Data Entered
• 2015-07-28Enforcement Action Closed