EPA v. PEAT FUEL COMPANY

Case summary

JANUARY 26, 2023 - CONSENT AGREEMENT Based upon observations made during EPA Compliance Evaluation Inspections, statements made by Respondent in response to an Information Request Letter issued pursuant to Section 308 of the CWA, 33 U.S.C. ? 1318, and EPA's review of available online data sources, EPA has determined that: (a) Commencing on or about 1999, to present, Respondent, and/or those acting on behalf of the Respondent, discharged dredged and/or fill material into jurisdictional waters within the Discharge Area using earth moving machinery including, but not limited to, excavators and bulldozers, during unauthorized activities associated with peat mining. Currently, the 1mauthorized dredged and/or fill material remains in waters of the United States; and (b) Respondent's unauthorized activities in the Discharge Area impacted approximately16.63 acres of wetlands that have a relatively pennanent, continuous surface connection and a significant nexus to an unnamed perennial tributary to Bull Town Swamp, a large wetland complex with a continuous channel that flows into the South Newport River, a traditionally navigable water of the United States. At all times relevant to this action, Respondent is a person within the meaning of Section 502(5) of the CWA, 33 U.S.C. ? 1362(5). At all times relevant to this action, the Respondent owned and/or operated the Site that contains the Discharge Area. The discharged dredged and/or fill material, including earthen material deposited at the Discharge Area, are pollutants as defined under the CWA ? 502(6), 33 U.S.C. ? 1362(6). The earth moving machinery including, but not limited to, excavators and bulldozers, employed by the Respondent to deposit the dredged and/or fill material at the Discharge Area are pollutant sources as defined under the CWA ? 502(14), 33 U.S.C. ? 1362(14). Respondent's placement of the dredged and/or fill material at the Discharge Area constitutes a discharge of pollutants as defined under the CWA ? 502(12), 33 U.S.C. ? 1362(12). At no time during the discharge of dredged and/or fill material at the Discharge Area from 1999 to present, did the Respondent possess a permit under Section 404 of the CWA, 33 U.S.C. ? 1344, authorizing the activities performed by Respondent. Each discharge by the Respondent of pollutants into navigable waters without the required pennit issued under Section 404 of the CWA, 33 U.S.C. ? 1344, is a violation of Section 30l(a) of the CWA, 33 U.S.C. ? 131 l(a). Each day the material discharged by the Respondent remains in waters of the United States without the required pennit 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)

• PEAT FUEL COMPANYNamed in complaintNamed in settlement

Facilities (1)

• GOOSE POND

  PEARL DAVIS ROAD, LUDOWICI, GA, 31316

  Registry ID: 110070681903

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• PEAT FUEL COMPANYentered 2023-01-26

  Primary law: CWA

  Federal penalty: $20,000

Timeline (4 milestones)

• 2023-01-26Complaint Filed/Proposed Order
• 2023-01-26Final Order Issued
• 2023-02-06Enforcement Action Closed
• 2023-04-11Enforcement Action Data Entered