EPA v. SANDEFORD, RALPH

Case summary

5/9/16 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 40.3 ACRES OF WETLANDS ADJACENT TO 3 UNNAMED TRIBUTARIES OF SPRING CREEK. SPRING CREEK IS A PERENNIAL TRIBUTARY OF THE OGEECHEE RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S. THE DEPOSITION OF THE DREDGED AND/OR FILL MATERIAL OCCURRED DURING AGRICULTURAL ACTIVITIES ON THE SITE. RESPONDENT, AT ALL TIMES RELEVANT TO THIS AOC, WAS THE OWNER AND/OR OPERATOR OF THE TRACT OF LAND LOCATED ADJACENT TO FRANK FARM ROAD NEAR MIDVILLE, BURKE COUNTY, GA, THAT CONTAINS THE DISCHARGE AREA. COMMENCING ON OR ABOUT JAN 2012 TO THE PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING ACTIVITIES ASSOCIATED WITH THE CONVERSION OF WETLANDS TO AGRICULTURAL LAND. TO DATE, THE DREDGED AND/OR FILL MTAERIAL REMAINS IN WATERS OF THE U.S. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 40.3 ACRES OF WETLANDS ADJACENT TO 3 UNNAMED TRIBUTARIES OF SPRING CREEK, A TRIBUTARY OF THE OGEECHEE RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA 404 AUTHORIZING THE DISCHARGE. RESPONDENT AGREES TO THE FOLLOWING: A. RESPONDENT SHALL RESTORE THE SITE IN ACCORDANCE WITH THE RESTORATION PLAN PREPARED BY NRCS, DATED AUG 17, 2015. B. WITHIN 30 DAYS, RESPONDENT SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION. RESTORATION MUST BE COMPLETED ACCORDING TO THE TIMELINES ESTABLISHED BY THE NRCS. C. WITHIN 30 DAYS AFTER COMPLETION OF THE RESTORATION, RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE.

Defendants (1)

• SANDEFORD, RALPHNamed in settlement

Facilities (1)

• SANDEFORD 03162016

  FRANK FARMER ROAD, MIDVILLE, GA, 30441

  Registry ID: 110067640413

Statutes cited

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

Enforcement conclusions (1)

• SANDEFORD, RALPHentered 2016-05-09

  Primary law: CWA

Timeline (2 milestones)

• 2016-05-09Final Order Issued
• 2016-09-19Enforcement Action Data Entered