EPA v. PICERNE DEVELOPMENT CORPORATION ASSOCIATES, INC., A FL. CORP

Case summary

1. SECTIONS 308(A) AND 309(A) OF THE CLEAN WATER ACT ( CWA ) 33 U.S.C. SECTION 1318(A) AND 1319(A). 2. PICERNE DEVELOPMENT CORPORATION ASSOCIATES, INC., FACILITY: NEAR INTERSECTION OF RIVERSIDE ROAD AND NEW MEXICO HIGHWAY 76 ESPANOLA, RIO ARRIBA COUNTY, NEW MEXICO 87532 3. RESPONDENT WAS IN VIOLATION OF SECTIONS 301 AND 404 OF THE CWA BY: A) RESPONDENT, AND/OR PERSONS ACTING ON HIS BEHALF, OPERATED MACHINERY TO CONDUCT MECHANIZED LAND CLEARING OVER THE ENTIRE SITE, WHICH RESULTED IN THE DIS- CHARGE OF DREDGED AND FILL MATERIAL INTO WATERS OF THE U.S. WITHOUT AUTHORIZATION OF A COE 404 PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 308(A) AND 309(A) OF THE CWA, EPA ISSUED THE RESPONDENT AN ADMINISTRATIVE ORDER (AO) THAT REQUIRED THE RESPONDENT TO: RESTORE THE AREA BY JUN. 1, 2000 BY: 1) RESTORING THE AREA TO AS NEAR PRE-PROJECT CONDITIONS AND DIMENSIONS AS POSSIBLE, UTILI- ZING MATERIALS PRESENTLY STOCKPILED ON SITE AND FROM OFF- SITE , AS NECESSARY; 2) PERFORM POLE PLANTING OF NATIVE TREE SPECIES; AND 3) OBTAIN A COE 404 PERMIT WITHIN 45 DAYS OF THIS AO.

Defendants (1)

• PICERNE DEVELOPMENT CORPORATIONNamed in settlement

Facilities (1)

• PICERNE DEVELOPMENT ASSOCIATES INC.

  CORNER OF RIVERSIDE DR AND NM HWY 76, ESPANOLA, NM, 87532

  Registry ID: 110010696906

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• PICERNE DEVELOPMENT CORPORATIONentered 1999-12-09

  Primary law: CWA

Timeline (4 milestones)

• 1999-12-09Complaint Filed/Proposed Order
• 1999-12-09Final Order Issued
• 2000-02-14Enforcement Action Closed
• 2000-03-22Enforcement Action Data Entered