EPA v. DR. BRYAN MCCANN

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. DR, BRYAN CMCCANN FACILITY: SECTION 8 AND 9, TOWNSHIP 3 NORTH, RANGE 6 EAST MARKSVILLE, AVOYELLES PARISH, LOUISIANA 71351 3. RESPONDENT WAS IN VIOLATION OF SECTION 404 OF THE CWA BY THE UNAUTHORIZED DISCHARGE OF DREDGED AND/OR FILL MATER- IAL BY MEANS OF HEAVY EQUIPMENT INTO APPROXIMATELY 45.32 ACRES OF WETLANDS WITHOUT A COE 404 PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) THAT ORDERED THE RE- SPONDENT TO: A) IMMEDIATELY CEASE ANY DISCHARGE OF DREDGED AND/OR FILL MATERIAL TO WATERS OF THE U.S; B) SEEK AUTHORIZATION FROM THE COE FOR THE WORK PERFORMED ANY RELATED DISCHARGES ASSOCIATED WITH THE PROJECT; AND C) OBTAIN A 404 PERMIT, OR, IF A PERMIT IS DENIED, RE- STORE THE SITE AS REQUIRED BY THE AO WITHIN 30 DAYS OF DENIAL BY COE OR NOTIFICATION TO RESTORE THE SITE BY EPA.

Defendants (1)

• DR. BRYAN MCCANNNamed in settlement

Facilities (1)

• DR. BRYAN MCCANN

  SECTION 8 AND 9, TOWNSHIP 3 N, RANGE 6 E, MARKSVILLE, LA, 71351

  Registry ID: 110010778872

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• DR. BRYAN MCCANNentered 2001-06-28

  Primary law: CWA

Timeline (4 milestones)

• 2001-06-28Complaint Filed/Proposed Order
• 2001-06-28Final Order Issued
• 2001-10-19Enforcement Action Data Entered
• 2001-10-19Enforcement Action Closed