EPA v. CITY OF LAKE WALES, POLK COUNTY, FLORIDA

Case summary

9/13/17 - ADMINISTRATIVE CONSENT AGREEMENT AND FINAL PENALTY ORDER, ASSESSING A PENALTY OF $8,500. ALLEGATIONS: COMMENCING ON OR ABOUT NOV 2014, TO THE PRESENT, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGING DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A TAXIWAY REALIGNMENT AND RUNWAY SAFETY IMPROVEMENT AREA. RESPONDENT IMPACTED APPROX 5.82 ACRES OF HERBACEOUS FRESHWATER WETLANDS AND 10.33 AREAS OF SURFACE WATER THAT ARE ADJACENT TO THE PEACE RIVER DRAINAGE CANAL, WHICH IS A TRIBUTARY TO THE PEACE 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 NOV 2014, TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER CWA 404 AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT.

Defendants (1)

• LAKE WALES AIRPORTNamed in complaintNamed in settlement

Facilities (1)

• AIRFIELD IMPROVEMENTS AT LAKE WALES MUNICIPAL AIRPORT

  440 S AIRPORT RD, LAKE WALES, FL, 33859

  Registry ID: 110063609518

Statutes cited

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

Enforcement conclusions (1)

• CITY OF LAKE WALES, POLK COUNTY, FLORIDAentered 2017-09-13

  Primary law: CWA

  Federal penalty: $8,500

Timeline (5 milestones)

• 2017-09-13Complaint Filed/Proposed Order
• 2017-09-13Final Order Issued
• 2017-09-19Enforcement Action Data Entered
• 2017-11-02NPDES Closed
• 2017-11-02Enforcement Action Closed