EPA v. EAST RED BUG ROAD DEVELOPMENT, LLC

Case summary

1/26/16 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $25,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA MAY 5, 2015, TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UMDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. EACH DISCHARGE BY THE 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. EACH DAY THE MATERIAL DISCHARGED BY THE RESPONDENT REMAINS IN WATERS OF THE UNITED STATES WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OF THE CWA, CONSTITUTES A DAY VIOLATION SECTION 301 OF THE CWA. THEREFORE, THE RESPONDENTS HAS VIOLATED SECTION 301 OF THE CWA, DUE TO ITS DISCHARGE OF DREDGED AND/OR FILL MATERIAL WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OF THE CWA.

Defendants (1)

• EAST RED BUG ROAD DEVELOPMENT, LLCNamed in complaintNamed in settlement

Facilities (1)

• EAST RED BUG ROAD DEVELOPMENT, LLC

  1398 EAST RED BUG ROAD, OVIEDO, FL, 32768

  Registry ID: 110067162180

Statutes cited

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

Enforcement conclusions (1)

• EAST RED BUG ROAD DEVELOPMENT, LLCentered 2016-01-26

  Primary law: CWA

  Federal penalty: $25,000

Timeline (4 milestones)

• 2016-01-26Enforcement Action Data Entered
• 2016-01-26Complaint Filed/Proposed Order
• 2016-01-26Final Order Issued
• 2016-02-16Enforcement Action Closed