EPA v. DR. STANLEY SCHEIDLER (SCHEIDLER PROPERTY)

Case summary

9/24/20 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. ORDER STATES: Commencing in approximately the years 2008 or 2009, and continuing through the year 2014, Respondent, and/or those acting on behalf of Respondent, discharged dredged and/or fill material into jurisdictional waters of the United States on the Site using earth moving machinery, during activities associated with the construction of a recreational pond. To date, the dredge and/or fill material remains in these waters of the United States. At no time during the discharge of dredged and/or fill material into the Discharge Area from April 2014, to present, did Respondent possess a permit under Section 404 of the CWA, 33 U.S.C. Section 1344, authorizing the discharge of dredged and/or fill material by Respondent. Each discharge by Respondent of pollutants into navigable waters without the required permit issued under Section 404 of the CWA, 33 U.S.C. Section 1344, is a violation of Section 301(a) of the CWA, 33 U.S.C. Section 1311(a). Each day the material discharged by Respondent remains in waters of the United States without possessing the required permit under Section 404 of the CWA, 33 U.S.C. Section 1344, constitutes a day of violation of Section 301 of the CWA, 33 U.S.C. Section 1311. Therefore, based on the above, the EPA finds that Respondent has violated Section 301 of the CWA, 33 U.S.C. Section 1311, by discharging pollutants from point sources into navigable waters without a permit.

Defendants (1)

• DR. STANLEY SCHEIDLERNamed in settlement

Facilities (1)

• WETLANDS - SCHEIDLER PROPERTY

  1000 LAZY B LN (LAZY BEE LANE), VANCEBURG, KY, 41179

  Registry ID: 110070132030

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• DR. STANLEY SCHEIDLERentered 2020-09-24

  Primary law: CWA

Timeline (2 milestones)

• 2020-09-24Final Order Issued
• 2020-09-25Enforcement Action Data Entered