EPA v. PICERNE DEVELOPMENT ASSOCIATES, A FLORIDA CORPORATION

Case summary

1. SECTIONS 308(A) AND 309(A) OF THE CLEAN WATER ACT ( CWA ) 33 U.S.C. SECTIONS 1318(A) AND 1319(A). 2. PICERNE DEVELOPMENT ASSOCIATES, INC., A FLORIDA CORP. FACILITY: NEAR THE INTERSECTION OF RIVERSIDE DRIVE AND NEW MEXICO HIGHWAY 76 ESPANOLA, RIO ARRIBA, 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, INCLUDING THE 4.6 ACRES OF WETLANDS, WHICH RESULTED IN THE DISCHARGE OF DREDGED AND FILL MATERIAL INTO WATERS OF THE U.S. WITHOUT THE 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: A) COMPLETE RESTORATION BY JUN. 1, 2000 BY: 1) RECONTOURING THE AREA TO AS NEAR PRE-PROJECT DIMENSIONS AS POSSIBLE, UTILIZING MATERIALS PRESENTLY STOCKPILED ON THE SITE AND FROM OFF- SITE, IF NECESSARY; AND 2) PERFORM POLE PLANTINGS OF NA- TIVE TREE SPECIES; B) COMPLETE THE OFFSITE MITIGATION BY OCT. 1, 2000 BY: PERFORMING OFFSITE MITIGATION ON 12 ACRES OF RESPONDENT'S CHOOSING IN OR IMMEDIATELY ADJACENT TO THE RIO GRANDE FLOODPLAIN IN THE VICINTY OF THE TOWN OF ESPANOLA AND TAKING OUT A PERFORMANCE BOND IN THE A- MOUNT OF $240,000 TO ENSURE SUCCESS OF THE MITIGATIION ` EFFORT; AND C) OBTAIN A COE 404 PERMIT.

Defendants (1)

• PICERNE DEVELOPMENT ASSOCIATES, INC.Named 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 ASSOCIATES, INC.entered 2000-02-14

  Primary law: CWA

Timeline (4 milestones)

• 2000-02-14Complaint Filed/Proposed Order
• 2000-02-14Final Order Issued
• 2000-03-22Enforcement Action Data Entered
• 2000-03-27Enforcement Action Closed