EPA v. SMART, WILLIAM J. SR.

Case summary

ON OR ABOUT SEP 1997, RESPONDENT DISCHARGED A CERTAIN QUANTITY OF SHOT ROCK FILL MATERIAL BELOW THE HIGH TIDE LINE (HTL) OF TONGASS NARROWS ON HIS GRAVINA ISLAND PROPERTY. THE FILL MATERIAL WOULD SUPPORT HIS HOUSE, A WALKWAY, RAMP AND FLOATING DOCK. ON JUNE 30, 2000, EPA ISSUED RESPONDENT AN ADMINISTRATIVE COMPLIANCE ORDER (10-20000-0208) PURSUANT TO SECTIONS 308 AND 309 OF THE CWA TO REMOVE ALL THE FILL MATERIAL BELOW THE HTL NLT AUGUST 5, 2000. TO DATE, RESPONDENT HAS REMOVED A CERTAIN QUANTITY OF FILL MATERIAL. MOREOVER, RESPONDENT PROCEEDED TO DISCHARGE ADDITIONAL RIP RAP MATERIAL TO STABILIZE THE REMAINING FILL WITHOUT APPROVAL. RESPONDENT'S ACTIONS DEMONSTRATE RECALCITRANCE AND FAILURE TO COOPERATE WITH EPA BY NOT COMPLYING WITH THE ORDER.

Defendants (1)

• WILLIAM J. SMART, SR.Named in complaintNamed in settlement

Facilities (1)

• SMART, BILL

  GRAVKA ISLAND, KETCHIKAN, AK, 99901

  Registry ID: 110010588159

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• Smart, William J. SR.entered 2002-01-03

  Primary law: CWA

  Federal penalty: $6,000

Timeline (4 milestones)

• 2000-12-12Enforcement Action Data Entered
• 2001-10-01Complaint Filed/Proposed Order
• 2002-01-03Final Order Issued
• 2002-01-03Enforcement Action Closed