EPA v. ROBERT CHASE

Case summary

JUNE 11, 2025 - CONSENT AGREEMENT On July 7, 2022, the Respondent received the EPA?s Information Request Letter (Information Request) pursuant to Section 308 of the CWA, 33 U.S.C. ? 1318, requesting information related to Respondent's discharge of dredged and/or fill material at the Site to assess compliance with the CWA, and the regulations promulgated thereunder at 40 C.F.R. Part 230 (2014). Respondent stated in their July 18, 2022, response to the Information Request that earth moving machinery, such as excavators and bulldozers, was used to excavate the ponds and fill the adjacent wetlands to construct the impoundments at the Site. Respondent also stated in their response that the fill material used in the wetlands came directly from the excavated ponds. On October 19, 2023, the EPA received a Report of Water Needs Assessment and Farm Pond Exemption Package from the Respondent to support their need for the constructed impoundments and a request for a farm pond exemption under Section 404(f)(1)(C) of the CWA, 33 U.S.C. ? 1344(f)(1)(C). The EPA conducted an inspection of the Site on November 16, 2023, to evaluate the farm pond exemption request and to evaluate the Respondent's discharge of dredged and/or fill material at the Site to assess compliance with the CWA, and the regulations promulgated thereunder at 40 C.F.R. Part 230 (2014). The EPA documented in its Inspection Report for its November 16, 2023, Site inspection that unauthorized discharges of dredged and/or fill material occurred in waters of the United States associated with the construction of the two ponds along Tiger Creek and sent the Inspection Report by email to the Respondent on January 22, 2024. On August 6, 2024, the EPA notified Respondent?s consultant, CTI Engineers, Inc (CTI), by email that the conceptual restoration plan was approved and requested the final plan. On September 4, 2024, CTI provided EPA with the final restoration plan to remove the fill placed into the wetlands around the ponds and reconnect the unnamed tributary to Tiger Creek. The plan also called for the installation of irrigation equipment to qualify for the exemption under Section 404(f) of the CWA. The agreement to implement this approved restoration plan was memorialized in an Administrative Compliance Order on Consent (AOC), entered into between the Respondent and EPA Region 4. Respondent signed the AOC on December 1, 2024. Respondent consents to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of $15,000.00, which is to be paid within thirty (30) calendar days of the Effective Date of this CAFO.

Defendants (1)

• ROBERT CHASENamed in complaintNamed in settlement

Facilities (1)

• ROBERT CHASE

  CHATTANOOGA ROAD NW, COHUTTA, GA, 30710

  Registry ID: 110071537864

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• ROBERT CHASEentered 2025-06-11

  Primary law: CWA

  Federal penalty: $15,000

Timeline (4 milestones)

• 2025-06-11Complaint Filed/Proposed Order
• 2025-06-11Final Order Issued
• 2025-06-23Enforcement Action Data Entered
• 2025-06-25Enforcement Action Closed