EPA v. CONSOLIDATED-TOMOKA LAND CO., TRACT B

Case summary

8/1/16 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $187,500, DUE WITHIN 30 DAYS. ALLEGATIONS: THE DISCHARGE AREA IS APPROX 163.4 ACRES OF HERBACEOUS AND FORESTED FRESHWATER WETLANDS ABUTTING AND/OR ADJACENT TO THE LITTLE TOMOKA RIVER AND PRIEST BRANCH, WITHIN AN APPROX 3,500 ACRE PARCEL LOCATED WEST OF I-95, COMMENCING ON OR ABOUT AUG 2006 UNTIL JUNE 2009 FOR THE PORTION OF THE SITE LYING NORTH OF PRIEST BRANCH (THE NORTH TRACT ) AND UNTIL 2010 FOR THE PORTION OF THE SITE LYING SOUTH OF PRIEST BRANCH (THE SOUTH TRACT , RESPONDENT OR THOSE ACTING ON BEHALF OF RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH CONVERTING THE SITE FROMA SILVICULTURE OPERATION TO HAY PRODUCTION. RESPONDENT IMPACTED APPROX 163.4 ACRES OF WETLANDS THAT ARE ADJACENT TO THE LITTLE TOMOKA RIVER AND PRIEST BRANCH WHICH ARE PERENNIAL TRIBUTARIES OF THE TOMOKA RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM AUG 2006 TO THE PRESENT DID RESPONDENT POSSESS A PERMIT UNDER CWA 303, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT.

Defendants (1)

• CONSOLIDATED-TOMOKA LAND CO.Named in complaintNamed in settlement

Facilities (1)

• WETLANDS - CONSOLIDATED-TOMOKA LAND CO., TRACT B

  2612 LPGA BOULEVARD, DAYTONA BEACH, FL, 32124

  Registry ID: 110069323645

Statutes cited

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

Enforcement conclusions (1)

• CONSOLIDATED-TOMOKA LAND CO., TRACT Bentered 2016-08-01

  Primary law: CWA

  Federal penalty: $187,500

Timeline (4 milestones)

• 2016-08-01Final Order Issued
• 2016-08-01Complaint Filed/Proposed Order
• 2016-08-11Enforcement Action Closed
• 2016-08-18Enforcement Action Data Entered