EPA v. ALLSTATE MATERIALS, LLC (DEAN TRACT)

Case summary

7/3/2023 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $25,000. PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: COMMENCING ON OR ABOUT MAY 27, 2015, TO JUNE 1, 2016, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, 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 SAND AND GRAVEL MINING IMPACTING AN UNNAMED TRIBUTARY AND ACRES OF WETLANDS THAT ARE ADJACENT TO SHOAL CREEK, WHICH IS TRIBUTARY TO JORDAN LAKE, AN IMPOUNDMENT OF THE COOSA RIVER, A NAVIGABLE-IN-FACT WATER OF THE UNITED STATES. THE UNITED STATES ARMY CORPS OF ENGINEERS ( CORPS ) CONDUCTED A SITE INVESTIGATION OF THE DEAN TRACT ON SEPTEMBER 5, 2015 AND DOCUMENTED UNAUTHORIZED DISCHARGES OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE UNITED STATES SUBSEQUENTLY ISSUING A NOV ON OCTOBER 8, 2015. ON MAY 23 AND 24, 2016, THE CORPS AND EPA CONDUCTED A JOINT SITE INSPECTION ON THE DEAN TRACT AND CONFINNED THAT UNPERMITTED DISCHARGES OF DREDGED AND/OR FILL MATERIAL OCCURRED IN WATERS OF THE UNITED STATES. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM MAY 27, 2015, TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. ? 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT IN VIOLATION OF SECTION 301(A) OF THE CWA, 33 U.S.C. ? 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. ? 1344, CONSTITUTES A DAY OF VIOLATION OF SECTION 301 OF THE CWA, 33 U.S.C. ? 1311.

Defendants (1)

• ALLSTATE MATERIALS, LLCNamed in complaintNamed in settlement

Facilities (1)

• WETLANDS (ALLSTATE MATERIALS 05232016)

  POSSUM TROT ROAD, DEATSVILLE, AL, 36022

  Registry ID: 110069324555

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• ALLSTATE MATERIALS, LLC (DEAN TRACT)entered 2023-07-03

  Primary law: CWA

  Federal penalty: $25,000

Timeline (3 milestones)

• 2023-07-03Final Order Issued
• 2023-07-03Complaint Filed/Proposed Order
• 2023-07-19Enforcement Action Data Entered