# RICHARD WAITE AND GARY SANDS
> **Administrative - Formal** · FY1998 · — · Final Order No Penalty
## Case
- **Activity ID:** `30726`
- **Case Number:** 05-1998-0052
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order No Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** $0
- **Multimedia (multi-env):** N
## Defendants
- GARY SANDS (settlement)
- RICHARD WAITE (settlement)
- RM WAITE, INC (settlement)
## Summary

UNDER THE PRESENT CAUSE OF ACTION, WAITE AND SANDS PLACED    DREDGED MATERIAL (I.E. A POLLUTANT) INTO A WATER OF THE      U.D. WITH A FEDERAL PERMIT IN VIOLATION OF SECTIONS 301 AND  404 OF THE CLEAN WATER ACT.  THE 6.8 ACRE WETLAND AREA HAS   BEEN STRIPPED OF ITS TOPSOIL AND SOME SUBSOIL HAS BEEN       EXCAVATED AND REMOVED FROM THE WETLAND TO CREATE TWO BERMS   ALONGSIDE NEARBY ROADWAYS TO BEGIN CONSTRUCTION OF THREE     WATER IMPOUNDMENT DIKES.  THE WETLAND AREA IS RINGED WITH    LARGE PILES OF THE STOCKPILED TOPPSOIL WHICH ARE ACTIVELY    ERODING.  DOWNSTREM WATERS ARE THREATENED BY SLUGS OF        SEDIMENTATION AFTER STORM EVENTS AND SNOW MELT. ANY          WILDLIFE NESTING, RESTING OR FORAGING HABITAT HAS BEEN       DESTROYED WITHIN THE WETLAND AREA.  THE STRIPPED AREAS       NOW SUPPORT RAGWEED WHICH CONTRIBUTESS TO THE POLLEN LOAD    IN THE AIR AND WHICH CAN NEGATIVELY EFFECT HUMANS            SUSPECTABLE TO ALLERGIES.  THE ABILITY OF THE SITE TO        ABSORB PRECIPITATION HAS BEEN GREATLY DIMINISHED WITH        THE DESTRUCTION OF THE VEGETATION AND THE REMOVAL OF THE     MORE PERMEABLE SOIL LAYERS THAT WOULD OTHEWISE ACT AS        SPONGES.  CONSEQUENTLY, DOWNSTREAM AREAS SUBJECT TO FLOODING ARE NOW EVEN MORE PRONE TO INUDATION.  RELATED TO THIS       PHENOMENON, DOWNSTREAM WATER QUALITY, PARTICULARLY IN THE    LARGE SWAMP WHICH RECEIVES THE IMMEDIATE DRAINAGE FROM THIS  AREA, IS MORE VULNERABLE TO DEGRADATION FROM SEDIMENTATION   AND THE LOSS OF THE WETLAND'S ABILIT

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*