EPA v. SMITH (ESA)

Case summary

Region 10 Settles with Ryan Smith and Noah Smith for Clean Water Act (CWA) Violations. On April 4, 2023, Region 10 filed an expedited settlement agreement resolving violations of the 402 Section of the CWA by Ryan and Noah Smith at the property located within Section #, T. 9 N/., R. 14 E., Fairbanks Meridian; USGS Quad Map Central C-2 SW; Latitude 65.57033? N., Longitude 144.85272? W.; at Mile Post 126.2 of the Steese Highway, in Central, Alaska. Respondents constructed a building near an adjacent wetland without filing a Notice of Intent (NOI) for coverage under the Alaska General Permit for Discharge Activities from Large and Small Construction Activities. Failure to file the NOI resulted in unauthorized discharges. For purposes of penalty calculation, if there is precipitation of 0.5in or greater in a 24-hour period, a discharge is assumed for the month. From July 2019 through December 2022, there were 10 months that had of 0.5in of precipitation within a 24-hour period as determined by weather data collected from the National Oceanic and Atmospheric Administration?s (NOAA) Circle Hot Springs, Alaska observation station. The last instance was on September 4, 2022. The construction activity was discovered by a representative of the U.S. Army Corps of Engineers (USACOE) who was in the area conducting site inspections. The Environmental Benefit of this enforcement action is the reduction of pollutants entering waters of the U.S. The pollutants reduced, and the quantities, are; Biological Oxygen Demand (BOD) - 197 pounds, Chemical Oxygen Demand (COD) - 1,938 pounds, and Total Suspended Solids (TSS) - 7,977 pounds. Ryan and Noah Smith agree to pay a penalty of $1,200 for unauthorized construction stormwater discharges over a 10-month period.

Defendants (2)

• Noah SmithNamed in complaintNamed in settlement
• Ryan SmithNamed in complaintNamed in settlement

Facilities (1)

• RYAN SMITH - ALASKA CONSTRUCTION COMPANY

  126.2 STEESE HIGHWAY,, CENTRAL, AK, 99730

  Registry ID: 110071308235

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• SMITH (ESA)entered 2023-04-07

  Primary law: CWA

  Federal penalty: $1,200

Timeline (5 milestones)

• 2023-02-08Enforcement Action Data Entered
• 2023-04-07Complaint Filed/Proposed Order
• 2023-04-07Final Order Issued
• 2023-05-05Enforcement Action Closed
• 2023-05-05NPDES Closed