EPA v. SUMNERS, TOM (PENTAHOPE FARMS)

Case summary

9/21/15 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO THE JURISDICTIONAL WETLANDS ADJACENT TO KINCHAFOONEE CREEK, WHICH IS A NAVIGABLE-IN-FACT WATER OF THE U.S. THE DEPOSITION OF THE DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE SILVICULTURE ACTIVITIES ON THE SITE. RESPONDENT AT ALL TIMES RELEVANT TO THIS AOC WAS THE OWNER AND/OR OPERATOR OF THE TRACT OF LAND LOCATED SOUTH OF PINEWOOD ROAD NEAR THE TOWN OF LEESBURG, GEORGIA THAT CONTAINS THE DISCHARGE AREA. COMMENCING ON OR ABOUT OCT 2011 TO THE PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT DISCHARGE DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING ACTIVITIES ASSOCIATED WITH A SILVICULTURE OPERATION BUT BEYOND NORMAL SILVICULTURE ACTIVITIES. TO DATE, THE DREGE AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 56.5 ACRES OF WETLANDS ADJACENT TO KINCHAFOONEED CREEK. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM OCT 2011, TO PRESENT, DID RESPONDENT POSSESS A PERMIT UNDER CWA 404 AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL BY RESPONDENT.

Defendants (1)

• SUMNERS, TOMNamed in settlement

Facilities (1)

• PENTAHOPE FARMS

  444 PINEWOOD RD, LEESBURG, GA, 31763

  Registry ID: 110056395226

Statutes cited

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

Enforcement conclusions (1)

• SUMNERS, TOMentered 2015-09-21

  Primary law: CWA

Timeline (2 milestones)

• 2015-09-21Final Order Issued
• 2015-09-23Enforcement Action Data Entered