EPA v. LAKELAND TANGO FL, LLC

Case summary

3/2/16 - 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 10.1 ACRES OF HERBACEOUS FRESHWATER WETLANDS ABUTTING AND/OR ADJACENT TO AN UNNAMED PERENNIAL TRIBUTARY. RESPONDENT AT ALL TIMES RELEVANT TO THIS AOC WAS THE OWNER AND/OR OPERATOR OF THE LAND LOCATED SOUTH OF STATE ROAD 542, EAST OF COUNTY LINE ROAD, AND NORTH OF GATEWAY BOULEVARD, POLK COUNTY, FL, THAT CONTAINS THE DISCHARGE AREA. COMMENCING ON OR ABOUT DEC 19, 2013, TO PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A COMMERCIAL DEVELOPMENT. THESE UNAUTHORIZED ACTIVITIES RESULTED IN THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL TO APPROX 10.1 ACRES OF HERBACEOUS FRESHWATER WETLANDS. CURRENTLY, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATER OF THE U.S. ON APRIL 30, 2015, THE U.S. ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT ISSUED A NOV CONCERNING THE PLACEMENT OF DREDGED AND/OR FILL MATERIAL IN WATERS OF THE U.S. RESPONDENT'S UNAUTHORIZED ACTIVITES IMPACTED APPROX 10.1 ACRES OF HERBACEOUS FRESHWATER WETLANDS THAT ARE ADJACENT AND/OR ABUTTING AN UNNAMED PERENNIAL TRIBUTARY THAT FLOWS TO ENGLISH CREEK. ENGLISH CREEK IS A PERINNIAL TRIBUTARY THAT FLOWS TO THE NORTH PRONG ALAFIA RIVER, A NAVIGABLE-IN-FACE WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM DEC 19, 2013, TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER CWA 404. ORDER: RESPONDENT AGREES TO THE FOLLOWING: A. RESPONDENT SHALL PURCHASE 3.5 MITIGATION CREDITS FROM THE TAMPA BAY MITIGATION BANK TO MITIGATE FOR THE IMPACTS AND SHALL PROVIDE PROOF OF SUCH MITIGATION CREDIT PURCHASE TO THE EPA WITHIN 180 DAYS OF THE EFFECTIVE DATE OF THIS AOC. B. RESPONDENT SHALL APPLY TO THE CORPS FOR AN AFTER-THE-FACT PERMIT, AUTHORIZING APPROX 10.1 ACRES OF DREDGED AND/OR FILL MATERIAL TO REMAIN IN WATERS OF THE U.S. AT THE DISCHARGE AREA. IF GRANTED, RESPONDENT SHALL TIMELY COMPLY WITH ALL REQUIREMENTS AND CONDITIONS OF THE PERMIT. C. RESPONDENT SHALL PROVIDE TO EPA A COPY OF THE CORPS' PERMIT AUTHORIZATION, INCLUDING ANY CONDITIONS THERETO, IF GRANTED, WITHIN 10 DAYS OF ISSUANCE.

Defendants (1)

• LAKELAND TANGO FL, LLCNamed in settlement

Facilities (1)

• LAKELAND TANGO 08062015

  1760 COUNTY LINE ROAD, LAKELAND, FL, 33811

  Registry ID: 110064698714

Statutes cited

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

Enforcement conclusions (1)

• LAKELAND TANGO FL, LLCentered 2016-03-02

  Primary law: CWA

Timeline (2 milestones)

• 2016-03-02Final Order Issued
• 2016-03-07Enforcement Action Data Entered