EPA v. GRUBBS EMERGENCY SERVICES, LLC

Case summary

3/2/16 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 1800 LINEAR FEET OR SHORELINE ALONG AN UNNAMED TIDAL CANAL. AT ALL TIMES RELEVANT TO THIS AOC, WAS THE OPERATOR ON THE LAND LOCATED ALONG OLD DIXIE HWY IN SECTIONS 10, 11, AND 14, TOWNSHIP 24 SOUTH, RANGE 16 EAST, PASCO COUNTY, FL THAT CONTAINS THE DISCHARGE AREA. COMMENCING ON OR ABOUT OCT 29, 2014, TO THE PRESENT, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CLEARING AND REGARDING OF A TIDAL CANAL. THESE UNAUTHORIZED ACTIVITIES RESULTED IN THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL TO APPROX 1800 LINEAR FEET OF SHORELINE. ON NOV 4, 2014, THE U.S. ARMY CORPS OF ENGINEERS ISSUED A CEASE AND DESIST ORDER PROHIBITING FURTHER PLACEMENT OF DREDGED AND/OR FILL MATERIAL IN WATERS OF THE U.S. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 1800 LINEAR FEET OF SHORELINE ALONG AN UNNAMED TIDAL CANAL THAT FLOWS TO THE GULF OF MEXICO, A NAVIGABLE-IN-FACT WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA 404. AGREEMENT: A. RESPONDENT WILL RESTORE THE SITE IN ACCORDANCE WITH THE PLAN SUBMITTED ON OCT 13, 2015, BY LARRY EVANS ON BEHALF OF THE RESPONDENT. THE RESTORATION WILL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: STABILIZATION ALONG THE APPROX 1,800 LINEAR FEET OF SHORELINE AND BANK USING NATURAL RECRUITMENT OF VEGETATION, SILT FENCING, AND TURBIDITY CURTAINS, REPLANTING MANGROVES; AND MONITORING AND REPORTING OF PLAN SUCCESS. B. RESPONDENT SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION WITHIN 30 DAYS. C. RESTORATION MUST BE COMPLETED BY JUNE 1, 2016. WITHIN 30 DAYS AFTER COMPLETION, RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED AREA. D. RESPONDENT SHALL SUBMIT THE FIRST MONITORING REPORT 6 MONTHS AFTER THE COMPLETION, THE SECOND MONITORING REPORT AT 12 MONTHS FROM COMPLETION, AND THE 3RD AND 4TH REPORTS ANNUALLY THEREAFTER. E. AFTER EACH INSPECTION, RESPONDENT SHALL REPLACE NON-VIABLE SPECIES WITH THE NUMBER OF TARGET SPECIES TO ENSURE THAT A BEGETATIVE SUCCESS CRITERIA OF 80 PERCENT HAS BEEN ACHIEVED. SPECIES SHOULD BE REPLANTED DURING THE NEXT VEGETATIVE DORMANT SEASON FOLLOWING THE ANNUAL INSPECTION. THE INSPECTION REPORT MUST INCLUDE BUT IS NOT LIMITED TO: 1. DATE OF INSPECTION; 2. COLOR PHOTOS; 3. A COUNT OF THE NUMBER OF PLANTINGS THAT SURVIVED; AND 4. THE NUMBER OF PLANTINGS REPLANTED (IF REQUIRED) TO REACH THE SUCCESS CRITERIA SPECIFIED IN THE PLAN; 5. ANY CORRECTIVE MEASURES TAKEN TO ENSURE CONTINUED STABILITY OF THE RESTORATION AREA.

Defendants (1)

• GRUBBS EMERGENCY SERVICES, LLCNamed in settlement

Facilities (1)

• GRUBBS EMERGENCY SERVICES, LLC

  17210 OLD DIXIE HIGHWAY, HUDSON, FL, 34667

  Registry ID: 110067442574

Statutes cited

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

Enforcement conclusions (1)

• GRUBBS EMERGENCY SERVICES, LLCentered 2016-03-02

  Primary law: CWA

Timeline (2 milestones)

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