EPA v. DR. STANLEY SCHEIDLER (SCHEIDLER PROPERTY)

Case summary

9/29/2020 - CAFO ISSUED, ASSESSING A PENALTY OF $14,500, DUE WITHIN 30 DAYS. Commencing in approximately the years 2008 or 2009, and continuing through the year 2014, Respondent discharged dredged and/or fill material into jurisdictional waters on the Site using earth moving machinery during activities associated with the construction of a recreational pond. To date, the unauthorized dredge and/or fill material remains in waters of the United States. 3 17. The parties have signed four Tolling Agreements, effective November 5, 2018, April 5, 2019, February 15, 2020, and August 15, 2020, resulting in a combined tolling of the limitations period of twenty-one (21) months. 18. The discharged dredged and/or fill material, including earthen material, deposited at the Discharge Area are ?pollutants? as defined by Section 502(6) of the CWA, 33 U.S.C. ? 1362(6). 19. The earth moving machinery employed by Respondent to deposit the dredged and/or fill material at the Discharge Area is a ?point source? as defined by Section 502(14) of the CWA, 33 U.S.C. ? 1362(14). 20. Respondent?s placement of the dredged and/or fill material at the Discharge Area constitutes a ?discharge of pollutants? as defined by Section 502(12) of the CWA, 33 U.S.C. ? 1362(12). 21. At no time during the discharge of dredged and/or fill material at the Discharge Area did Respondent possess a permit under Section 404 of the CWA, 33 U.S.C. ? 1344, authorizing the activities he performed.

Defendants (1)

• DR. STANLEY SCHEIDLER (SCHEIDLER PROPERTY)Named in complaintNamed 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 SCHEIDLER (SCHEIDLER PROPERTY)entered 2020-09-29

  Primary law: CWA

  Federal penalty: $14,500 · SEP: $74,700

Timeline (4 milestones)

• 2020-09-29Final Order Issued
• 2020-09-29Enforcement Action Data Entered
• 2020-09-29Complaint Filed/Proposed Order
• 2020-11-19Enforcement Action Closed