EPA v. ROBERT CHASE, WHITFIELD COUNTY, GEORGIA,

Case summary

JANUARY 17, 2025 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT Commencing in or about November 2021, 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 two ponds. 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 475 linear feet of an unnamed relatively permanent tributary of Tiger Creek and approximately 1.2 acres of jurisdictional wetlands with a continuous surface connection to Tiger Creek. Tiger Creek is a relatively permanent tributary of South Chickamauga Creek. South Chickamauga Creek is a relatively permanent tributary of the Tennessee River, a traditional navigable water. The discharged dredged and/or fill material, including earthen material deposited at the Discharge Area, are ?pollutants?. The earth moving machinery employed by the Respondent to deposit the dredged and/or fill material at the Discharge Area are ?point sources?. 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 November 2021 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?) 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). Based on the foregoing Findings of Fact and Determinations of Law and pursuant to the authority of Section 309(a) of the CWA, 33 U.S.C. ? 1319(a), THE RESPONDENT HEREBY AGREES AND CONSENTS TO THE PROVISIONS OF THE PARAGRAPHS BELOW: The Respondent shall implement the August 2024 restoration plan entitled, Rob Chase Bryant Road Buffer Restoration Plan, prepared by CTI Engineers, Inc., on behalf of Respondent (Restoration Plan) (Attachment A to this AOC), which requires Respondent to conduct the following restoration actions: a. Reconnection of the unnamed tributary to Tiger Creek and removal of fill placed in the adjacent wetlands. b. Replanting of native vegetation in the buffer of the unnamed tributary and adjacent wetlands. If Respondent proposes to make any modifications to the restoration activities, Respondent must submit those proposed modifications to the EPA in writing, including a justification for the modification. Any such modification(s) only become(s) effective for purposes of this AOC if and when the EPA approves those modifications in writing. If Respondent identifies the need for an extension to complete any portion of the restoration activities, Respondent may submit a request, in writing, for an extension of time to comply with the requirements of this AOC. Such request must include the reason(s) for the extension request and a date when the work will be completed. Any such extension(s) only become effective for purposes of this AOC if and when the EPA approves the extension(s) in writing.

Defendants (2)

• WHITFIELD COUNTY, GEORGIANamed in settlement
• ROBERT CHASENamed 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 CHASE, WHITFIELD COUNTY, GEORGIA,entered 2025-01-17

  Primary law: CWA

Timeline (2 milestones)

• 2025-01-17Final Order Issued
• 2025-04-08Enforcement Action Data Entered