EPA v. CITY OF LAKE WALES AIRPORT (FLORIDA)

Case summary

09-13-17 - 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 APPRO 5.82 ACRES OF HERBACEOUS FRESHWATER WETLANDS AND 10.33 ACRES OF SURFACE WATER THAT ARE ADJACENT TO THE PEACE CREEK DRAINAGE CANAL WITHIN AN APPROX 545 ACRE PARCEL. THE PEACE CREEK DRAINAGE CANAL IS A PERENNIAL TRIBUTARY THAT FLOWS TO THE PEACE RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S. THE VIOLATION OCCURRED DURING THE CONSTRUCTION OF A TAXIWAY REALIGNMENT AN DRUNWAY SAFETY IMPROVEMENT AREA AT THE SITE. ON NOV 10, 2016, THE U.S. ARMY CORPS OF ENGINEERS CONDUCTED AN INSPECTION OF THE DISCHARGE AREA. ON FEB 7, 2017, THE COE ISSUED A NOTIFICATION AND WARNING TO THE CITY OF LAKE WALES PROHIBITING FURTHER PLACEMENT OF DREDGED AND/OR FILL MATEIRAL IN WATERS OF THE U.S. ON MARCH 29, 2017, THE COE REFERRED THE ENFORCEMENT CASE AGAINST THE RESPONDENT TO EPA IN ACCORDANCE WITH THE 1989 MEMO OF AGREEMENT BETWEEN THE COE AND EPA CONCERNING FEDERAL ENFORCEMENT OF CWA 404. RESPONDENT AT ALL TIMES RELEVANT TO THIS AOC, WAS THE OWNER AND/OR OPERATORS OF THE SITE, WHICH CONTAINS THE DISCHARGE AREA. COMMENCING ON OR ABOUT NOV 2014 TO THE PRESENT, RESPONDENT AND/OR THOS 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 TAXIWAY REALIGHMENT AND RUNWAY SAFETY IMPROVEMENT AREA. CURRENTLY, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 5.82 ACRES OF HERBACEOUS FRESHWATER WETLAND AND 10.33 ACRES OF SURFACE WATER THAT ARE ADJACENT TO THE PEACE RIVER DRAINAGE CANAL, WHICH IS A TRIBUTARY TO THE PEAC RIVER, A NAVIGABLE-IN-FACE WATER OF THE U.S. ORDER REQUIRES: A. WITHIN 30 DAYS, RESPONDENT SHALL APPLY TO THE CORPS FOR AN AFTER-THE-FACT PERMIT, AUTHORIZING APPROX 16.15 ACRES OF DREDGED AND/OR FILL MATERIAL THAT WILL REMAIN IN PLACE AT THE DRAINAGE AREA. IF THE AFTER-THE-FACT PERMIT IS GRANTED, RESPONDENT SHALL TIMELY COMPLY WITH ALL REQUIREMENTS AND CONDITIONS OF THE PERMIT. B. RESPONDENT SHALL PROVIDE A COPY OF ITS PERMIT APPLICATION TO EPA WITHIN 10 DAYS OF SUBMITTAL OF SUCH TO THE CORPS. 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)

• LAKE WALES AIRPORT (CITY OF)Named in settlement

Facilities (1)

• CITY OF LAKE WALES AIRPORT

  440 S AIRPORT RD, LAKE WALES, FL, 33859

  Registry ID: 110070107696

Statutes cited

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

Enforcement conclusions (1)

• CITY OF LAKE WALES AIRPORT (FLORIDA)entered 2017-09-13

  Primary law: CWA

Timeline (2 milestones)

• 2017-09-13Final Order Issued
• 2017-09-25Enforcement Action Data Entered