EPA v. JERRY O'BRYAN

Case summary

9/16/20 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $3,346.00. RESPONDENT SHALL MAKE PAYMENT WITHIN 30 DAYS. ALLEGATIONS: COMMENCING ON OR ABOUT JUNE 2016 TO THE PRESENT, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONVERSION TO AGRICULTURAL LAND. RESPONDENT IMPACTED APPROXIMATELY 2.1 ACRES OF JURISDICTIONAL WETLANDS AND 800 LINEAR FEET OF AN UNNAMED TRIBUTARY (DISCHARGE AREA) THAT ARE CONNECTED TO THE GREEN RIVER, A TRADITIONAL NAVIGABLE WATER OF THE UNITED STATES. THEREFORE, THE RESPONDENT HAS VIOLATED SECTION 301 OF THE CWA, 33 U.S.C. SECTION 1311, DUE TO ITS DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. WITHOUT THE REQUIRED PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C SECTION 1344.

Defendants (1)

• JERRY O'BRYANNamed in complaintNamed in settlement

Facilities (1)

• WETLANDS - O'BRYAN FARM (JERRY O'BRYAN)

  CURDSVILLE DELAWARE ROAD, CURDSVILLE, KY, 42334

  Registry ID: 110069554618

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• JERRY O'BRYANentered 2020-09-16

  Primary law: CWA

  Federal penalty: $3,346

Timeline (4 milestones)

• 2020-09-16Final Order Issued
• 2020-09-16Complaint Filed/Proposed Order
• 2020-09-17Enforcement Action Data Entered
• 2020-12-21Enforcement Action Closed