EPA v. DAVID MCDONALD ENTERPRISES, INC. AND MR. DAVID MCDONALD

Case summary

20201218 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $24,000. RESPONDENT SHALL MAKE PAYMENT WITH 30 DAYS. ALLEDGED VIOLATIONS Commencing on or about June 2014 through December 2016, Respondents, or those acting on behalf of the Respondents, discharged dredged and/or fill material into wetlands on the Site using earth moving machinery during unauthorized activities associated with the clearing and filling of wetlands for a residential development. Respondents impacted approximately 13.63 acres of wetlands that are adjacent to two unnamed tributaries of Gum Branch. Gum Branch flows to Taylors Creek, which then flows to Canoochee Creek. Canoochee Creek is a tributary of the Canoochee River, a traditional navigable water (?TNW?). On June 14, 2017, the EPA and the US Army Corps of Engineers performed a Compliance Evaluation Inspection (?CEI?) to evaluate the Respondents? compliance with the CWA, and the regulations promulgated thereunder at 40 C.F.R. ? 232. At no time during the discharge of dredged and/or fill material at the Discharge Area from June 2014 to December 2016, did the Respondents possess a permit under Section 404 of the CWA, 33 U.S.C. ? 1344, authorizing the activities performed by Respondents. Each discharge by the Respondents of pollutants into navigable waters without a permit issued under Section 404 of the CWA, 33 U.S.C. ? 1344, is a violation of Section 301(a) of the CWA, 33 U.S.C. ? 1311(a). Each day the material discharged by the Respondents remains in waters of the United States without a permit under Section 404 of the CWA, 33 U.S.C. ? 1344, constitutes a day of violation of Section 301 of the CWA, 33 U.S.C. ? 1311.

Defendants (1)

• DAVID MCDONALD ENTERPRISES, INC.Named in complaintNamed in settlement

Facilities (1)

• WETLANDS - DAVID MCDONALD ENTERPRISES - GROOVER ROAD

  GROOVER ROAD, HINESVILLE, GA, 31313

  Registry ID: 110070083166

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• DAVID MCDONALD ENTERPRISES, INC. AND MR. DAVID MCDONALDentered 2020-12-18

  Primary law: CWA

  Federal penalty: $24,000

Timeline (3 milestones)

• 2020-12-18Complaint Filed/Proposed Order
• 2020-12-18Final Order Issued
• 2021-01-11Enforcement Action Data Entered