EPA v. EAST RED BUG ROAD DEVELOPMENT, LLC

Case summary

11/23/15 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTION WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 20 ACRES OF HERBACEOUS AND FORESTED FRESHWATER WETLANDS ABUTTING AND/OR ADJACENT TO THE LIGHTWOOD KNOX CANAL. RESPONDENT AT ALL TIMES RELEVANT TO THIS AOC WAS THE OWNER AND/OR OPERATOR OF THE LAND LOCATED AT THE SOUTH END OF EAST RED BUG ROAD AND EAST OF STATE ROUTE 426, SEMINOLE COUNTY, FL. SECTION 301(a) OF THE CWA PROHIBITS THE DISCHARGE OF POLLUTANTS BY ANY PERSON INTO WATERS OF THE U.S. EXCEPT IN COMPLIANCE WITH A PERMET ISSUED UNDER SECTION 404 OF THE CWA. COMMENCING ON OR ABOUT MAY 5, 2015 TO THE PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGE DREDGE AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITES ASSOCIATED WITH THE CONSTRUCTION OF A RESIDENTIAL NEIGHBORHOOD. THESE UNAUTHORIZED ACTIVITIES RESULTED IN THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL TO APPROX 20 ACRES OF HERBACEOUS AND FORESTED FRESHWATER WETLANDS. CURRENTLY, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. ON JULY 21, 2015, THE U.S. ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT (CORPS) ISSUED A CEASE AND DESIST ORDER PROHIBITING FURTHER PLACEMENT OF DREDGED AND/OR MATERIAL IN WATERS OF THE U.S. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 20 ACRES OF HERBACEOUS AND FORESTED FRESHWATER WETLANDS THAT ARE ADJACENT TO THE LIGHTWOOD KNOX CANAL, A PERENNIAL TRIBUTARY THAT FLOWS TO BEAR CREEK. BEAR CREEK IS A PERENNIAL TRIBUTARY THAT FLOWS TO HOWELL CREEK. HOWELL CREEK IS A PERENNIAL TRIBUTARY THAT FLOWS TO LAKE JESUP, A NAVIGABLE-IN-FACT WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM MAY 5, 2015, TO THE PRESENT, DID RESPONDENT POSSESS A PERMIT UNDER CWA 404. THEREFORE, RESPONDENT HAS VIOLATED CWA 301 BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS W/OUT A PERMIT.

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 2015-11-23

  Primary law: CWA

Timeline (2 milestones)

• 2015-11-23Final Order Issued
• 2016-01-05Enforcement Action Data Entered