EPA v. MIMS, BENNY

Case summary

9/20/16 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $10,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: COMMENCING ON OR ABOUT JANUARY 2013 TO THE PRESENT, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONVERSION OF WETLANDS TO AGRICULTURAL LAND. RESPONDENT IMPACTED APPROXIMATELY 3.3 ACRES OF JURISDICTIONAL WETLANDS (DISCHARGE AREA) THAT ARE CONNECTED TO DOOLEY BRANCH. DOOLEY BRANCH IS A PERENNIAL TRIBUTARY OFTHE OGEECHEE RIVER, A NAVIGABLE-IN-FACT WATER OF THE UNITED STATES. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM JANUARY 2013 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 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 DISCHARGE BY THE RESPONDENT REMAINS IN WATERS OF THE UNITED STATES WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OFTHE CWA. THEREFORE, THE RESPONDENT HAS VIOLATED SECTION 301 OF THE CWA, DUE TO ITS DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO WATERS OFTHE U.S. WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OFTHE CWA.

Defendants (1)

• MIMS, BENNYNamed in complaintNamed in settlement

Facilities (1)

• WETLANDS - MIMS FARM (MIMS10212014)

  HWY 25, MILLEN, GA, 30442

  Registry ID: 110064570735

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• MIMS, BENNYentered 2016-09-20

  Primary law: CWA

  Federal penalty: $10,000

Timeline (4 milestones)

• 2016-09-20Complaint Filed/Proposed Order
• 2016-09-20Final Order Issued
• 2016-09-20Enforcement Action Data Entered
• 2016-10-27Enforcement Action Closed