EPA v. AGRESERVES, INC., D/B/A DESERET CATTLE & TIMBER, and DESERET RANCHES OF NORTH FLORIDA, LLC, - CMU 3

Case summary

SEPTEMBER 23, 2024 - CONSENT AGREEMENT On November 13-14, 2019, the Corps and the EPA conducted a joint Site inspection with the assistance of Respondents of a portion of the Site to review whether Respondents? unauthorized activities occurred in waters of the United States. On April 6-8, 2021, the Corps and the EPA conducted a second joint Site inspection with the assistance of Respondents of a portion of the Site to further review whether Respondents? unauthorized activities occurred in waters of the United States. On November 14-16, 2022, the Corps and the EPA conducted a third joint Site inspection with the assistance of Respondents and collected vegetative cover data. On December 20, 2019, January 20, 2021, and May 4, 2021, the EPA sent Information Request Letters (?Information Requests?), pursuant to Section 308 of the CWA, 33 U.S.C. ? 1318, to Respondents requesting information related to Respondents? discharge of dredged/fill material at the Site to assess compliance with the CWA, and the regulations promulgated thereunder at 40 C.F.R. ? 232. Respondents responded to the Information Requests on March 10, 2020; June 8, 2020; February 26, 2021; March 15, 2021; March 22, 2021; March 31, 2021; April 12, 2021; and May 24, 2021. During September 2021, April 2022, and September 2022, EPA sent Respondents Notices of Violation of the Clean Water Act. Respondents have agreed to an Administrative Order on Consent (?AOC?) to resolve EPA?s claims for injunctive relief. Under the AOC, Respondents shall restore and protect certain wetlands which are identified in the AOC. 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 equipment employed by the Respondents to deposit the dredged and/or fill material at the Discharge Area are ?point sources? as defined under the CWA ? 502(14), 33 U.S.C. ? 1362(14). Respondents? 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 approximately 2015, to approximately February 2021, did the Respondents possess a permit under Section 404 of the CWA, 33 U.S.C. ? 1344, authorizing the activities performed by Respondents. Each discharge by the Respondents of pollutants into navigable waters without the required permit issued 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). To date, the unauthorized dredged and/or fill material remains in waters of the United States. Each day the material discharged by the Respondents 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). Respondents consent to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of ONE HUNDRED SIXTY-THREE THOUSAND ONE HUNDRED AND FIFTY DOLLARS ($163,150) which is to be paid within thirty (30) calendar days of the Effective Date of this CAFO

Defendants (3)

• DESERET RANCHES OF NORTH FLORIDA, LLCNamed in complaintNamed in settlement
• DESERET CATTLE & TIMBERNamed in complaintNamed in settlement
• AGRESERVES, INCNamed in complaintNamed in settlement

Facilities (1)

• DESERET RANCHES OF NORTH FLORIDA, LLC

  6900 HIGHWAY 22, WEWAHITCHKA, FL, 32465

  Registry ID: 110070672109

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• AGRESERVES, INC., D/B/A DESERET CATTLE & TIMBER, and DESERET RANCHES OF NORTH FLORIDA, LLC, - CMU 3entered 2024-09-23

  Primary law: CWA

  Federal penalty: $163,150

Timeline (4 milestones)

• 2024-09-23Complaint Filed/Proposed Order
• 2024-09-23Final Order Issued
• 2024-09-25Enforcement Action Data Entered
• 2024-10-23Enforcement Action Closed