EPA v. BURTON HEATWOLE AND SUNSHINE PLACE FARMS, INC.

Case summary

11/15/18 - 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 31 ACRES OF WETLANDS ABUTTING AN UNNAMED PERENNIAL TRIBUTARY OF BEEDY BRANCH. BEEDY BRANCH IS A PERENNIAL TRIBUTARY OF BUCKHEAD CREEK, WHICH FLOWS TO THE OGEECHEE RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S. THE DEPOSITION OF THE DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE CONVERSION OF THE WETLANDS AT THE DISCHARGE AREA TO AGRICULTURAL LAND. COMMENCING ON OR ABOUT SEPT 2014 TO THE PRESENT, RESPONDENTS, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING ACTIVITIES ASSOCIATED WITH THE CONVERSION OF WETLANDS TO AGRICULTURAL LAND. TO DATE, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. RESPONDENTS' UNAUTHORIZED ACTIVITIES IMPACTED APPROX 31 ACRES OF WETLANDS ABUTTING AN UNNAMED TRIBUTARY OF BEEDY BRANCH, A TRIBUTARY OF BUCKHEAD CREEK WHICH FLOWS TO THE OGEECHEE RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S. AGREEMENT: - RESPONDENTS SHALL RESTORE THE DISCHARGE AREA IN ACCORDANCE WITH THE RESTORATION PLAN PREPARED BY FLC, DATED DEC 7, 2017. - WITHIN 30 DAYS, RESPONDENTS SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION. RESTORATION MUST BE COMPLETED WITHIN 180 DAYS UNLESS AN EXTENSION IS GRANTED BY EPA. AN EXTENSION MUST BE REQUESTED IN WRITING. - WITHIN 30 DAYS AFTER COMPLETION OF THE RESTORATION, RESPONDENTS SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED AREAS. AT THAT POINT, EPA WILL DETERMINE IF THE RESTORATION HAS BEEN COMPLETED IN ACCORDANCE WITH THE RESTORATION PLAN.

Defendants (2)

• BURTON HEATWOLENamed in settlement
• SUNSHINE PLACE FARMS, INC.Named in settlement

Facilities (1)

• WETLANDS - PHILLIP HAINES/SUNSHINE PLACE FARMS

  213 BYNE SUNSHINE RD, MIDVILLE, GA, 30441

  Registry ID: 110058913154

Statutes cited

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

Enforcement conclusions (1)

• BURTON HEATWOLE AND SUNSHINE PLACE FARMS, INC.entered 2018-11-15

  Primary law: CWA

Timeline (2 milestones)

• 2018-11-15Final Order Issued
• 2019-02-26Enforcement Action Data Entered