EPA v. PHILIP A. SMITH AND KIMBERLY G. SMITH

Case summary

On November 30, 2011, a Consent Decree between the United States and Philip A. Smith and Kimberly G. Smith was entered in to District Court associated with alleged Clean Water Act violations at their former 190 acre undeveloped property off of Interstate 5 near Winlock, WA. The Consent Decree resolves the United States’ claims against the Smiths. Under the proposed Decree, the Smiths would pay a civil penalty to the United States in the amount of $200,000 if either Mr. or Mrs. Smith should acquire any interest in the subject property. The contingent penalty was based on the Smiths’ inability to pay a penalty. The Consent Decree constitutes a complete and final settlement of all civil claims for injunctive relief and civil penalties alleged in the May 24, 2010 Complaint. In the fall of 2007, Mr. Smith impacted almost 100 acres of wetlands and altered five streams when he land cleared and leveled the site. Mr. Smith intended to develop the site in to “Philipsville”, including an equestrian center and strip mall. He performed this work without obtaining the necessary Clean Water Act permits. On June 5, 2008, EPA issued an administrative compliance order requiring Mr. Smith to restore the impacted wetlands and waters at the site. Mr. Smith failed to comply with those requirements. Mr. Smith pled guilty to criminal charges of violating the Clean Water Act and was ordered to pay $20,000 in restitution to the EPA and sentenced to six months probation. Mr. Smith was also ordered to pay the Washington State Department of Ecology $232,000 for construction storm water discharge violations associated with activities at the site.

Defendants (2)

• Philip A. SmithNamed in complaintNamed in settlement
• Kimberly G. SmithNamed in complaintNamed in settlement

Facilities (1)

• SMITH, PHILIP A - PHIL SMITH PROPERTY

  108 CAMUS ROAD (I-5 EXIT 63, CAMAS ROAD & SR505), WINLOCK, WA, 98596

  Registry ID: 110033195897

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• PHILIP A. SMITH AND KIMBERLY G. SMITH - CONSENT DECREEentered 2011-11-30

  Primary law: CWA

Timeline (7 milestones)

• 2009-06-11Enforcement Action Data Entered
• 2009-07-08Referred To Dept Of Justice
• 2010-05-24Complaint Filed With Court
• 2011-10-06Final Order Lodged
• 2011-11-30Enforcement Action Closed
• 2011-11-30Concluded
• 2011-11-30Final Order Entered