EPA v. CIRCLE OAK EAST, LLC

Case summary

MARCH 5, 2024 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT This AOC pertains to the discharge of dredged and/or fill material into approximately 100 linear feet of tributary and 20 acres of wetlands that are waters of the United States. The Discharge Area is located north of Gay, Georgia, in Meriwether County, Georgia. The discharge occurred during the construction of an impoundment on Shoals Creek. Respondent, Circle Oak East, LLC, is a company duly organized under the laws of the State of Georgia and, as such, is a person as defined in Section 502(5) of the CWA, 33 U.S.C. ? 1362(5). Respondent, at all times relevant to this AOC, was the owner and/or operator of the Site that contained the Discharge Area. Section 301(a) of the CWA, 33 U.S.C. ? 1311(a), prohibits the discharge of pollutants by any person into waters of the United States except in compliance with a permit issued under, inter alia, Section 404 of the CWA, 33 U.S.C. ? 1344. Commencing on or about January 2019, 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 the construction of an impoundment. Currently, the unauthorized dredged and/or fill material remains in waters of the United States. Respondent?s unauthorized activities in the Discharge Area impacted approximately 20 acres of wetlands that have a continuous surface connection to Shoals Creek. In addition, the Respondent placed fill material into approximately 100 linear feet of Shoals Creek. Shoals Creek is a relatively permanent tributary that connects to White Oak Creek, a traditional navigable water. The discharged dredged and/or fill material, including earthen material deposited at the Discharge Area, are ?pollutants? as defined in Section 502(6) of the CWA, 33 U.S.C. ? 1362(6). The earth moving machinery employed by the Respondent to deposit the dredged and/or fill material at the Discharge Area are ?point sources? as defined in Section 502(14) of the CWA, 33 U.S.C. ? 1362(14). A ?discharge of a pollutant? as defined in Section 502(12)(A) of the CWA, 33U.S.C. ? 1362(12)(A), is any addition of any pollutant to navigable waters from any point source. Respondent?s placement of the dredged and/or fill material into the Discharge Area is a ?discharge of pollutants? as defined in Section 502(12) of the CWA, 33 U.S.C. ? 1362(12). The term ?navigable waters? as defined in Section 502(7) of the CWA, 33 U.S.C.? 1362(7), means the waters of the United States, including the territorial seas. The Discharge Area includes ?navigable waters? as that term is defined in Section 502(7) of the CWA, 33 U.S.C. ? 1362(7). At no time during the discharge of dredged and/or fill material into the Discharge Area from January 2019 to the present did the Respondent possess a permit under Section 404 of the CWA, 33 U.S.C. ? 1344, authorizing such discharge of dredged and/or fill material by Respondent. Each discharge by the Respondent of pollutants into navigable waters without the required permit issued by the U.S. Army Corps of Engineers (?USACE?) 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 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(a) of the CWA, 33 U.S.C. ? 1311(a). Therefore, Respondent has violated Section 301(a) of the CWA, 33 U.S.C. ? 1311(a), by discharging pollutants into navigable waters without a permit.

Defendants (1)

• CIRCLE OAK EAST, LLCNamed in settlement

Facilities (1)

• NALLEY

  OAKLAND ROAD, GAY, GA, 30218

  Registry ID: 110071091466

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• CIRCLE OAK EAST, LLCentered 2024-03-05

  Primary law: CWA

Timeline (2 milestones)

• 2024-03-05Final Order Issued
• 2024-04-11Enforcement Action Data Entered