EPA v. FLOYD DAVIS (STREAM MODIFICATIONS WEDOWEE (SMW))

Case summary

8-14-20 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. ALLEGED VIOLATIONS: This AOC pertains to the discharge of dredged and/or fill material into jurisdictional wetlands and waters of the United States to approximately 4.99 acres of forested wetlands (Discharge Area) adjacent the Tallapoosa River, within an approximate 25-acre tract located at or near latitude 33.5939�N and longitude 85.6035�W (Site) as depicted in (Exhibits A and B). COMMENCING ON OR ABOUT JUNE 1, 2016, UNTIL ON OR ABOUT MAY 31, 2017, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT DISCHARGED DREDGE AND /OR FILL MATERIAL INTO WATERS OF THE UNITED STATES. THE UNAUTHORIZED DREDGING AND FILLING ACTIVITIES IMPACTED APPROXIMATELY 4.99 ACRES OF FORESTED WETLANDS. RESPONDENT'S UNAUTHORIZED ACTIVITIES IN WATERS OF THE UNITED STATES INCLUDE, BUT ARE NOT LIMITED TO, MECHANICAL LAND-CLEARING AND FILLING ACTIVITIES IN FORESTED WETLANDS ON THE PROPERTY. TO DATE, THE UNAUTHORIZED DREDGE AND/OR FILL MATERIAL REMAINS IN WATERS OF THE UNITED STATES. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM JUNE 1, 2016 TO THE PRESENT DID RESPONDENT POSSESS A VALID PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, AUTHORIZING THE DISCHARGE OF SUCH DREDGED AND/OR FILL MATERIAL BY RESPONDENT. EACH DISCHARGE BY THE 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 30L(A) OF THE CWA, 33 U.S.C. SECTION 131L(A). EACH DAY THE MATERIAL DISCHARGED BY THE RESPONDENT REMAINS IN WATERS OF THE UNITED STATES WITHOUT 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, RESPONDENT HAS VIOLATED SECTION 301 OF THE CWA, 33 U.S.C. ? 131 L, BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT.

Defendants (1)

• FLOYD DAVISNamed in settlement

Facilities (1)

• WETLANDS - FLOYD DAVIS-STREAM MODIFICATIONS WEDOWEE (SMW)

  15079 CO ROAD 19, HEFLIN, AL, 36264

  Registry ID: 110070566469

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• FLOYD DAVIS-STREAM MODIFICATIONS WEDOWEE (SMW)entered 2020-08-14

  Primary law: CWA

Timeline (2 milestones)

• 2020-08-14Final Order Issued
• 2020-08-28Enforcement Action Data Entered