EPA v. THE BROADWAY GROUP, LLC, ST. CLAIR COUNTY, ALABAMA

Case summary

JUNE 13, 2025 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. The US Army Corps of Engineers (USACE) conducted an inspection of the Site on April 12, 2022, and documented unauthorized discharges of dredged and/or fill material into waters of the US. On April 22, 2022, the USACE issued a Notice of Violation to the Respondent for working in, and discharging dredged and/or fill material into, waters of the USs on the Site without a CWA Section 404 Permit. Respondent directed its contractor to complete work necessary to stabilize the Site. Other than activities related to work necessary to complete stability of the Site, Respondent has not conducted any further development activities at the Site. Respondent submitted a CWA Section 404 after-the-fact permit application to the USACE on November 1, 2022. The USACE and the Alabama Department of Environmental Management issued a Joint Public Notice on Respondent's after-the-fact permit application on November 14, 2022. EPA requested that the USACE refer the matter to the EPA, so that the EPA could be the lead agency on the enforcement case, in accordance with the January 1989 Memorandum of Agreement between the agencies on federal enforcement for the Section 404 Program of the CWA. On August 16, 2023, the USACE and the EPA conducted a joint inspection of the Site. Commencing on or about March 20, 2022, through April 15, 2022, Respondent, and/or those acting on behalf of the Respondent, discharged dredged and/or fill material into jurisdictional waters within the Discharge Area without a permit, during mechanized land clearing using earth moving machinery including, but not limited to, backhoes, bulldozers, and dump trucks to construct a new retail store and attendant features, such as a parking lot, ingress/egress roads, and utilities. Currently, the unauthorized dredged and/or fill material remains in waters of the US. Respondent's unauthorized activities in the Discharge Area impacted approximately 1.265 acres of wetlands with a continuous surface connection to Cane Creek. A discharge of a pollutant, 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. At no time during the discharge of dredged and/or fill material into the Discharge Area from March 20, 2022, 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 day the material discharged by the Respondent remains in waters of the US 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. THE RESPONDENT HEREBY AGREES AND CONSENTS TO THE PROVISIONS OF THE PARAGRAPHS BELOW: a. Respondent shall purchase 0.833 wetland credits from a federally approved mitigation bank to mitigate for the impacts to the approximate 1.265 acres of forested wetlands. b. Respondent shall, within 60 days of the Effective Date of this Order, confer with the USACE and apply for a Department of the Army permit to authorize the approximately 1.265-acres of dredged and/or fill material to remain in waters of the United States at the Discharge Area. The permit shall include as a condition the purchase of 0.833 wetland credits from a federally approved mitigation bank to mitigate for the impacts to the approximate 1.265 acres of forested wetlands. If granted, Respondent shall timely comply with all requirements and conditions of the Department of the Army permit. Respondent shall email a copy of the Department of the Army permit to the address in Paragraph 26, below, within 15 days of receipt of the permit.

Defendants (1)

• THE BROADWAY GROUP, LLCNamed in settlement

Facilities (1)

• THE BROADWAY GROUP

  65 MOUNTAIN TOP LOOP, PELL CITY, AL, 35128

  Registry ID: 110071399191

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• THE BROADWAY GROUP, LLC, ST. CLAIR COUNTY, ALABAMAentered 2025-06-13

  Primary law: CWA

Timeline (2 milestones)

• 2025-06-13Final Order Issued
• 2025-06-23Enforcement Action Data Entered