EPA v. D & H PROPERTIES, LLC

Case summary

2/2/16 - CONSENT AGREEMENT AND FINAL PENALTY ORDER ISSUED, ASSESSING A PENALTY OF $8,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: RESPONDENT IMPACTED APPROXIMATELY 6.48 ACRES OF HERBACEOUS AND FORESTED FRESHWATER WETLANDS THAT ARE ADJACENT TO MILL BAYOU, A TIDALLY INFLUENCED NAVIGABLE-IN-FACT WATER OF THE U.S. THE DISCHARGED DREDGED AND/OR FILL MATERIAL, INCLUDING EARTHEN MATERIAL DEPOSITED AT THE DISCHARGE AREA, ARE POLLUTANTS AS DEFINED UNDER THE CWA SECTION 502(6). THE EARTH MOVING MACHINERY EMPLOYED BY RESPONDENT TO DEPOSIT THE DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA ARE POINT SOURCES . RESPONDENT'S PLACEMENT OF THE DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA CONSTITUTES A DISCHARGE OF POLLUTANTS AS DEFINED UNDER THE CWA. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM JUNE 24, 2014, TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTO NAVIGABLE WARER WITHOUT THE REQUIRED EPRMIT ISSUED UNDER SECTION 404 OF THE CWA, I A VIOLATION OF SECTION 301(a) OF THE CWA. EACH DAY THE MATERIAL DISCHARGED BY THE RESPONDENT REMAINS IN WATERS OF THE U.S. WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OFTHE CWA, CONSTITUTES A DAY OF VIOLATION OF SECTION 301 OF THE CWA.

Defendants (1)

• D & H PROPERTIES, LLCNamed in complaintNamed in settlement

Facilities (1)

• D & H PROPERTIES 10072014

  4121 EAST HWY 390, PANAMA CITY, FL, 32404

  Registry ID: 110063701436

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• D&H PROPERTIES, LLCentered 2016-02-02

  Primary law: CWA

  Federal penalty: $8,000

Timeline (4 milestones)

• 2016-02-02Complaint Filed/Proposed Order
• 2016-02-02Final Order Issued
• 2016-03-07Enforcement Action Data Entered
• 2016-03-31Enforcement Action Closed