EPA v. EDWIN HENRY/ U.I.L. FAMILY LIMITED PARTNERSHIP

Case summary

10/14/2015 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. ORDER STATES: ON JUNE 1, 2009, THE EPA CONDUCTED AN INSPECTION OF THE DISCHARGE AREA WITH THE U.S. ARMY CORPS OF ENGINEERS ( CORPS ) AND DETERMINED THAT FILL MATERIAL HAD BEEN PLACED IN WATER OF THE UNITED STATES WITHOUT A PERMIT ISSUED UNDER SECTION 404 OF THE CWA. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM APRIL 5, 2006, TO THE PRESENT, DID THE RESPONDENTS POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL BY RESPONDENTS. THEREFORE, RESPONDENTS HAVE VIOLATED SECTION 301 OF THE CWA BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT. ORDER REQUIRES: RESPONDENTS AGREE TO THE FOLLOWING: A. WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AOC, RESPONDENTS SHALL APPLY FOR-AFTER-THE-FACT PERMIT AUTHORIZATION FOR APPROXIMATELY 0.5. ACRES OF DREDGED AND/OR FILL MATERIAL TO REMAIN IN WATERS OF THE UNITED STATES AT THE DISCHARGE AREA. IF GRANTED, RESPONDENTS SHALL TIMELY COMPLY WITH TALL REQUIREMENTS AND CONDITIONS OF THE PERMIT. B. RESPONDENTS SHALL PROVIDE A COPY OF ITS PERMIT APPLICATION TO THE EPA WITHIN TEN DAYS OF SUBMITTAL OF SUCH TO THE CORPS. C. RESPONDENTS SHALL PROVIDE TO THE EPA A COPY OF THE CORPS PERMIT AUTHORIZATION, INCLUDING ANY CONDITIONS THERETO, IF GRANTED, WITHIN THEN OF ISSUANCE. D. WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS AOC, RESPONDENTS SHALL SUBMIT TO THE EPA FOR APPROVAL A DRAFT DEED OF RESTRICTIVE COVENANTS FOR THE 105.7 ACRE PROPERTY DEPICTED IN ATTACHMENT A ( MITIGATION SITE ). E. THE EPA WILL REVIEW THE DRAFT DEED OF RESTRICTIVE COVENANTS, AND WILL EITHER APPROVE IT OR PROVIDE COMMENTS. RESPONDENTS SHALL ADDRESS ANY COMMENTS PROVIDED BY THE EPA WITHIN 15 DAYS OF RECEIPT. F. WITHIN 30 DAYS OF EPA'S APPROVAL OF THE DRAFT DEED OF RESTRICTIVE COVENANTS, RESPONDENTS SHALL RECORD A CERTIFIED COPY OF THIS AOC WITH THE RECORDER OF DEEDS OF OFFICE IN THE APPROPRIATE COUNTY, ALONG WITH THE APPROVED DEED OF RESTRICTIVE COVENANTS, AND PROVIDE A COPY OF THE RECORDING TO THE EPA.

Defendants (1)

• EDWIN HENRY (SB)Named in complaintNamed in settlement

Facilities (1)

• EDWIN HENRY SITE

  2970 HIGHWAY 2, LAUREL HILL, FL, 32567

  Registry ID: 110039166684

Statutes cited

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

Enforcement conclusions (1)

• EDWIN HENRY/ U.I.L. FAMILY LIMITED PARTNERSHIPentered 2015-10-14

  Primary law: CWA

Timeline (2 milestones)

• 2015-10-14Final Order Issued
• 2015-10-27Enforcement Action Data Entered