EPA v. JOHN L. CONNERS, JR.

Case summary

1. SECTION 309(B) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SEC. 1311. 2. JOHN L. CONNER, JR. CONMAC INVESTMENTS, INC. 2301 MCLAIN NEWPORT, ARKANSAS 72112 3. THIS REFERRAL CONCERNS THE UNPERMITTED CLEARING AND DIS- CHARGE OF FILL MATERIALS INTO CYPRESS SLOUGHS, OXBOW LAKES AND BOTTOMLAND HARDWOOD WETLANDS AT 23 SITES IN JACKSON, LAWRENCE AND WOODRUFF COUNTIES, ARKANSAS. THE VIOLATIONS HAVE RESULTED IN THE DESTRUCTION OF APPROXI- MATELY 73 ACRES OF FORESTED WETLANDS AND ADVERSE IMPACTS TO ADJACENT WETLANDS. THE VIOLATIONS BEGAN IN OCT. 1989 UNDER THE DIRECTION OF DEFENDANT JOHN L. CONNER, JR., WHOSE AGRICULTURAL INTERESTS INCLUDE SOME 30,000 TO 50,000 ACRES, OF WHICH APPROXIMATELY 3,000 ARE FORESTED WETLANDS AND SIGNIIFICANT ACREAGE OF FARMED WETLANDS AND SHALLOW-WATER AQUATIC HABITAT (PRIMARILY OXBOW LAKES. THESE PROPERTIES ARE OWNED BY VARIOUS CORPORATIONS AND ENTITIES, ALL OF WHICH ARE CONTROLLED BY THE DEFENDANT. ADDITIONAL VIOLATION SITES ARE UNDER INVESTIGATION AND MAY BE ADDED TO THE CASE AT A LATER DATE. VIOLATIONS WHICH OCCURRED MORE THAN FIVE YEARS AGO (SITES 1-4) ARE INCLUDED ONLY TO PROVIDE A COMPLETE CHRONOLOGY OF THE DE- FENDANT'S ACTIONS, AND ARE NOT BEING REFERRED FOR JUDIC- IAL ACTION DUE TO THE STATUTE OF LIMITATIONS AND THE TELLURIDE CASE, NOR HAVE THEY BEEN INCLUDED IN THE PENAL- TY CALCULATION. ALL OPERATIONS OF DISCHARGING DREDGED OR FILL MATERIAL INTO WETLANDS WERE CARRIED OUT BY LARGE EQUIPMENT OWNED AND OPERATED BY MR. JOHN CONNER OR HIS AGENTS. THE CORPS OF ENGINEERS (COE) MADE THE ORIGINAL INVESTIGA- TION OF EACH SITE INCLUDING COMPLETION OF WETLAND DETER- MINATIONS AND A PHOTOGRAPHIC RECORD. EPA PERSONNEL HAVE ALSO SUBSEQUENTLY VISITED ALL SITES. A VARIETY OF ACTIVITIES ARE INVOLVED INCLUDING LAND CLEARING, DRAINAGE DITCH CONSTRUCTION, AND BERM CONSTRUC- TION, ALL RELATED TO CONVERTING FORESTED WETLANDS TO A- GRICULTURAL PRODUCTION. IN OCT. 1986, MR. CONNER WAS CI- TED FOR A VIOLATION BY THE COE FOR WORK ON A 20-ACRE FOR- ESTED WETLAND (SWAN POND SLOUGH) WHICH HE PROPOSED TO CONVERT TO CROPLAND. IN 1987, THE AFTER-THE-FACT PERMIT APPLICATION WAS DENIED BY THE COE BASED ON NON-COMPLIANCE WITH SECTION 404(B) GUIDELINES, DENIAL OF 401 CERTIFICA- TION, AND OVERALL ADVERSE IMPACT ON THE WETLAND, AND WAS DENIED AGAIN ON REAPPLICATION. IN 1988, MR. CONNER OBTAINED SWAMPBUSTER COMMENCED CON- VERSIONS ( CCS ) FOR FOOD SECURITY ACT PURPOSES FROM THE AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE (NOW THE CONSOLIDATED FARM SERVICES AGENCY (CFSA), FOR ESSENT- IALLY ALL OF THE NATURALLY VEGETATED WETLANDS ON HIS PRO- PERTY, INCLUDING THE WETLANDS AT SWAN POND SLOUGH. IN 1989, THE DEFENDANT THEN COMPLETED ALL OF THE WORK FOR WHICH HE HAD BEEN DENIED A PERMIT, PLACING THE 20-ACRE WETLAND IN CROP PRODUCTION AND DRAINING AN ADJACENT WET- LAND AREA, STATING THAT THE CCS GAVE HIM THE RIGHT TO COMPLETE THE WORK. THE COE REFERRED THE CASE TO EPA AT THAT POINT, AND THE EPA ISSUED AN ADMINISTRATIVE ORDER TO MR. CONNER, REQUIRING HIM TO CEASE ALL UNPERMITTED DIS- CHARGES. A SECOND ADMINISTRATIVE ORDER WAS ISSUED IN 1990 REQUIRING RESTORATION OF THE TWO SITES. IN 1990, MR. CONNER CLEARED WETLAND AND CONSTRUCTED A DRAINAGE DITCH IN WETLANDS OF TWO ADDITIONAL SITES. EPA REQUESTED RESTORATION OF TWO ADDITIONAL VIOLATIONS WHILE CONTINUING TO SEEK RESTORATION OF SITES 1 AND 2. AN IN- FORMAL AGREEMENT WAS REACHED TO

Defendants (1)

• JOHN L. CONNERS, JR.Named in complaintNamed in settlement

Facilities (1)

• CONNER JOHN JR

  2301 MCLAIN ST, NEWPORT, AR, 721123655

  Registry ID: 110010652631

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• JOHN L. CONNER, JR.entered 1998-03-27

  Primary law: CWA

  Federal penalty: $400,000

Timeline (7 milestones)

• 1995-10-01Enforcement Action Data Entered
• 1996-01-12Referred To Dept Of Justice
• 1997-12-19Final Order Lodged
• 1997-12-19Complaint Filed With Court
• 1998-03-27Final Order Entered
• 1998-03-27Concluded
• 2004-10-05Enforcement Action Closed