EPA v. JAMES ROBERT SLOAN

Case summary

10/19/18 - 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 APPROX 14.5 ACRES OF FORESTED FRESHWATER WETLANDS ABUTTING PEPPERS BRANCH, A PERENNIAL TRIBUTARY OF SULPHUR FORK, WITHIN A LARGER PARCEL OF APPROX 200.73 ACRES. THE SITE IS LOCATED OFF OF HYDE RD NEAR SPRINGFIELD, ROBERTSON COUNTY, TN. THE VIOLATION OCCURRED DURING THE CONSTRUCTION OF BERMS AND LINEAR WATER FEATURES. ON SEPT 21, 2015, TN DEPT OF ENVIRONMENT AND CONSERVATION DIV OF WATER RESOURCES (DWR) CONDUCTED AN INSPECTION OF THE DISCHARGE AREA. ON SEPT 25, 2015, THE U.S. ARMY COE CONDUCTED AN INSPECTION OF THE DISCHARGE AREA. ON NOV 5, 2015, THE COE REFERRED THE ENFORCEMENT CASE TO EPA. ON NOV 29, 2016, PERSONNEL FROM EPA, COE AND DWR CONDUCTED A JOINT INSPECTION OF THE DISCHARGE AREA. COMMENCING ON OR ABOUT JUNE 2014, TO ON OR ABOUT AUG 2015, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF BERMS AN DLINEAR WATER FEATURES. CURRENTLY, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN THE WATERS OF THE U.S. AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA 404. AGREEMENT: A. RESPONDENT SHALL RESTORE APPROX 14.5 ACRES OF WETLANDS IN ACCORDANCE WITH THE RESTORATION PLAN SUBMITTED ON JULY 21, 2018 BY BDY ENVIRONMENTAL LLC ON BEHALF OF RESPONDENT AND REVIEWED AND ACCEPTED BY EPA. AS SPECIFIED, RESTORATION WILL INCLUDE BUT NOT BE LIMITED TO (i) REMOVAL OF THE DREDGED AND/OR FILL MATERIAL FROM JURISDICTIONAL WATERS AND WETLANDS; (ii) RESTORATION OF THE IMPACTED AREAS TO THE GRADE AND CONTOUR AS IT EXISTED BEFORE THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL; (iii) IDENTIFICATION, MARKING, AND MAPPING SWAMP DOGHOBBLE LOCATIONS; (iv) A SCHEDULE FOR IMPLEMENTATION; (v) MONITORING; AND (vi) REPORTING OF RESTORATION PLAN SUCCESS TO EPA. RESPONDENT SHALL BEGIN CONSTRUCTION IN ACCORDANCE WITH THE IMPLEMENTATION SCHEDULE INCLUDED IN THE RESTORATION PLAN. RESPONDENT SHALL COMPLETE RESTORATION ACTIVITIES ON OR BEFORE DEC 31, 2019. WITHIN 30 DAYS AFTER COMPLETION OF RESTORATION ACTIVITIES, RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE SITE. AFTER REVIEW OF RESPONDENT'S WRITTEN STATEMENT OF COMPLETION, EPA MAY, IN ITS DISCRETION, DETERMINE THAT AN INSPECTION IS NOT REQUIRED. ANY INSPECTION BY EPA WILL TAKE PLACE WITHIN 90 DAYS OF RESPONDENT'S WRITTEN STATEMENT OF COMPLETION, UNLESS PARTIES AGREE OTHERWISE. EPA SHALL DETERMINE WHETHER THE RESTORATION ACTIVITIES ARE COMPLETE AND NOTIFY RESPONDENT IN WRITING OF ITS DETERMINATION. IF EPA DETERMINES THAT RESPONDENT HAS NOT SUCCESSFULLY COMPLETED THE RESTORATION ACTIVITIES, RESPONDENT SHALL PROVIDE A PLAN AND SCHEDULE FOR CORRECTING ANY DEFICIENCIES WHICH IS SUBJECT TO EPA APPROVAL.

Defendants (1)

• SLOAN, JAMES ROBERTNamed in settlement

Facilities (1)

• WETLANDS - JAMES ROBERT SLOAN

  4792 HYDE ROAD, SPRINGFIELD, TN, 37172

  Registry ID: 110070083170

Statutes cited

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

Enforcement conclusions (2)

• JAMES ROBERT SLOANentered 2018-10-19

  Primary law: CWA

• JAMES ROBERT SLOANentered 2020-07-08

  Primary law: CWA

Timeline (2 milestones)

• 2019-02-28Enforcement Action Data Entered
• 2020-07-08Final Order Issued