EPA v. JOSEPH GARCIA

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. JOSEPH GARCIA 4 MILES NORTHEAST OF TIERRA AMARILLA, RIO ARRIBA COUNTY, NEW MEXICO 87575 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY DISCHARGING DREDGED AND FILL MATERIAL INTO WATERS OF THE U.S. WITHOUT AUTHORIZATION OF A COE 404 PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) TO THE RESPONDENT. THE AO REQUIRED THE RESPONDENT TO: 1) CEASE IMMEDIATELY THE DISCHARGE OF DREDGED AND FILL MATERIAL BELOW THE ORDINARY HIGH WATER (OHW) MARK, 2) RESTORE THE AREA TO AS NEAR PRE-PROJECT CONDITIONS AND DIMENSIONS AS POSSIBLE, USING MATERIALS PRESENTLY STOCKPILED ON THE SITE AND FROM OFFSITE, AS NECESSARY, 3) PERFORMING POLE PLANTINGS OF NATIVE TREE SPECIES ON BOTH BANKS AND BELOW THE OHW MARK, 4) REFRAIN FROM ENGAGING IN SAND, GRAVEL, AND COBBLE MIN- ING ACTIVITIES IN ALL AREAS BELOW THE OHW MARK TO ALLOW FOR THE REPLISHMENT OF GRAVEL AND COBBLE IN THESE AREAS AND TO ALLOW THE CREEK TO REESTABLISH A NATURAL COURSE TO AMELIORATE THE ADVERSE HYDROLOGICAL EFFECTS THAT HAVE OCCURRED UPSTREAM OF AND DOWNSTREAM FROM THE SITE, 5) THE RESTORATION MAY REASONABLY BE COMPLETED BY JUN. 1, 1999, AND 6) REPORT QUARTERLY ON THE PROGRESS RESPONDENT IS MAKING TOWARD THE RESTORATION .

Defendants (1)

• JOSEPH GARCIANamed in complaintNamed in settlement

Facilities (1)

• JOSEPH GARCIA

  4 M NE OF TIERRA AMARILLA, PO BOX 90398, TIERRA AMARILLA, NM, 87575

  Registry ID: 110010746693

Statutes cited

• CWA 301A — Clean Water Act
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• JOSEPH GARCIAentered 1998-10-20

  Primary law: CWA

Timeline (4 milestones)

• 1998-10-20Complaint Filed/Proposed Order
• 1998-10-20Final Order Issued
• 1998-10-28Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed