EPA v. NEALY, JOHNNY AND COOK, JOHN NEALY

Case summary

9/27/16 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. ORDER STATES: AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL IN THE DISCHARGE AREA FROM SOMETIME IN 2003 THROUGH THE PRESENT, DID MR. JOHNNY NEALY POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL. THE DISCHARGE BY MR. JOHNNY NEALY OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, IS A VIOLATION OF SECTION 301(a). EACH DAY THE MATERIAL DISCHARGED BY MR. JOHNNY NEALY REMAINS IN WATERS OF THE U.S. WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OF THE CWA, CONSTITUTES A DAY OF VIOLATION OF SECTION 301 OF THE CWA. THEREFORE, MR. JOHNNY NEALY VIOLATED SECTION 301 OF THE CWA, BY DISCHARGING POLLUTANTS IN NAVIGABLE WATERS WITHOUT A PERMIT. AGREEMENT ON CONSENT: THE RESPONDENTS SHALL IMPLEMENT SECTION 1 THROUGH 10, INCLUDING EXHIBITS B AND C, AND APPENDIX A, OF THE MITIGATION AND RESTORATION PLAN FOR JOHNNY W. NEALY (LE) & JOHN NEALY COOK, SAC 2010-00753-4-AVE, NEALY FARM TRACT/MARION COUNTY, SC, DATED MAY 31, 2016 (PLAN) PREPARED BY VENTURE ENGINEERING INC, WITHIN FORTY-FIVE (45) DAYS AFTER RECEIP OF THIS SIGNED AOC (EXHIBIT C)

Defendants (2)

• COOK, JOHN NEALYNamed in settlement
• NEALY, JOHNNYNamed in settlement

Facilities (1)

• NEALY FARM 06282016

  HIGHWAY 41, MARION, SC, 29571

  Registry ID: 110069436462

Statutes cited

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

Enforcement conclusions (1)

• NEALY, JOHNNY AND COOK, JOHN NEALYentered 2016-09-27

  Primary law: CWA

Timeline (2 milestones)

• 2016-09-27Final Order Issued
• 2016-09-29Enforcement Action Data Entered