EPA v. MR. GEORGE WILCOX - WILCOX GRASS FARMS, INC.

Case summary

1. SECTION 309(G) OF THE CLEAN WATER ACT, 33 U.S.C. SECTION 1319(G). 2. MR. GEORGE WILCOX - WILCOX GRASS FARMS, INC. 220 WILCOX ROAD NORTH LITTLE ROCK, PULASKI COUNTY, ARKANSAS 72117 3. ALL VIOLATIONS ON MR. WILCOX'S PROPERTY INVOLVE MECHANI- CAL LANDCLEARING AND/OR FILLING TO CONVERT FORESTED AND HERBACEOUS WETLANDS TO AGRICULTURAL PRODUCTION OR TO IM- PROVE THE REAL ESTATE VALUE OF PROPERTY. THE VIOLATIONS FROM WHICH THIS LITIGATION REPORT ARISES BEGAN BETWEEN 1991 AND 1993, WHEN AN APPROXIMATE 16-ACRE FORESTED WETLAND AREA (REFERRED TO AS ROSE CITY SITE I) WAS CLEARED AND FILLED FOR GROWING SOD. BETWEEN 1993 AND 1995, 4 ACRES OF ADDITIONAL FORESTED WETLANDS WERE CLEAR- ED AND FILLED FOR GROWING SOD (REFERRED TO AS ROSE CITY SITE II). IN THE FALL OF 1994,A 1-ACRE FORESTED WETLAND SITE WAS CLEARED (REFERRED TO AS WILLOW BEACH ISLAND) TO IMPROVE CATTLE PRODUCTION ON THE PROPERTY. APPROXIMATELY 40 ACRES OF FORESTED AND HERBACEOUS WETLANDS (REFERRED TO AS FAULKNER LAKE SITE) WERE CLEARED AND FILLED IN SEPT. 1995 AND WERE IN THE PROCESS OF BEING PREECISION LEVELED WHEN CORPS EMPLOYEES, DURING A FLYOVER, NOTICED THE ON- GOING CONSTRUCTION AND ADVISED MR. WILCOX THAT DAY TO CEASE OPERATIONS. A CEASE AND DESIST ORDER WAS THEN SENT BY THE DISTRICT ENGINEER. IN SEPT., 1995, FIVE WETLAND AREAS, REFERRED TO AS THE ENGLAND HIGHWAY SITE, WERE ALSO CLEARED AND TOTAL APPROXIMATELY 3.8 ACRES. ADDITIONAL WORK HERE WAS ALSO ORDERED HALTED BY THE CORPS. IN SEPT., 1997, AN ADDITIONAL .5 ACRES OF WOODED WETLANDS WERE CLEARED DIRECTLY NEXT TO THE ROSE CITY SITE I SITE, AND WILL BE REFERRED TO AS THE ROSE CITY III SITE. THE OLD HEADQUARTERS SITE, LOCATED JUST EAST OF ROSE CITY AND ON FAULKNER LAKE ROAD, CONSISTS OF THREE AREAS WHERE APPROX- IMATELY 150 CUBIC YARDS OF FILL MATERIAL WAS DISCHARGED OVER .1 TO .2 ACRES OF WETLANDS IN 1997. THE TWO MOST RE- CENT VIOLATIONS OCCURRED IN SEPT., 1998 AND CONSIST OF 4- ACRE WOODED WETLAND AREA THAT WAS MECHANICALLY CLEARED AND FILLED FOR SOD PRODUCTION AND ANOTHER .2-ACRE WETLAND AREA THAT WAS MECHANICALLY CLEARED. THESE RECENT VIOLA- TIONS ARE ON PROPERTY RECENTLY PURCHASED BY MR. WILCOX. THEY WILL BE REFERRED TO AS HORSESHOE LAKE SITES I AND II RESPECTIVELY. THE RESPONDENT HAS NEVER APPLIED FOR SECTION 404 PERMIT OR REQUESTED A JURISDICTIONAL DETERMINATION FROM THE CORPS. ALL THE VIOLATIONS LISTED WERE VIOLATIONS OF SEC- TION 301 OF THE CWA, DISCHARGING DREDGED AND FILL MATER- IAL INTO WETLANDS WITHOUT A 404 COE PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(G) OF THE CWA, EPA REFERRED THIS REFERRAL TO DOJ REQUESTING THE INTIATION OF A CIVIL ENFORCEMENT ACTION AGAINST THE RESPONDENT, MR. GEORGE WILCOX. THE PURPOSE OF THE CIVIL ACTION IS TO OB- TAIN AN ENFORCEABLE RESTORATION AND/OR COMPENSATORY MITI- GATION REMEDY IN THE FORM OF EITHER A COURT ORDER, OR, IF A SETTLEMENT IS REACHED, A CONSENT DECREE AND TO OBTAIN CIVIL PENALTIES AS APPROPRIATE.

Defendants (1)

• GEORGE WILCOXNamed in complaintNamed in settlement

Facilities (4)

• WILCOX GRASS - ENGLAND HIGHWAY 165

  220 WILCOX RD, NORTH LITTLE ROCK, AR, 721179603

  Registry ID: 110010591715

• WILCOX GRASS FARMS, INC. - ROSE CITY SITE I

  220 WILCOX RD, NORTH LITTLE ROCK, AR, 721179603

  Registry ID: 110010591715

• WILCOX GRASS FARMS, INC. - HORSESHOE LAKE SITE I

  220 WILCOX RD, NORTH LITTLE ROCK, AR, 721179603

  Registry ID: 110010591715

• WILCOX GRASS - FAULKNER LAKE ROAD

  220 WILCOX RD, NORTH LITTLE ROCK, AR, 721179603

  Registry ID: 110010591715

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• MR. GEORGE WILCOX - WILCOX GRASS FARMS, INC.entered 2003-03-04

  Primary law: CWA

  Federal penalty: $100,000

Timeline (6 milestones)

• 1999-06-10Referred To Dept Of Justice
• 2000-03-17Enforcement Action Data Entered
• 2002-12-18Final Order Lodged
• 2002-12-18Complaint Filed With Court
• 2003-03-04Final Order Entered
• 2010-07-05Enforcement Action Closed