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SHAWN CLAAR

Administrative - Formal · FY2020 · — · Final Order No Penalty · 3602182139

Penalty
Cost recovery
Compliance action

Case

Case Number
03-2020-0049
Type
Administrative - Formal
Lead
EPA
Outcome
Final Order No Penalty
Multimedia
Self-disclosure
N

Defendants (1)

Summary

On April 8, 2020, the Division Director for ECAD signed an Administrative Order for Compliance on Consent requiring Respondent, Shawn Claar to mitigate for the unauthorized work on and around properties located at 11945 William Penn Road in Kimmel Township, Pennsylvania ( Site ). The Order requires removal of unauthorized fill material discharged into waters of the United States at the Site and restoration of the Site's environmental functions. Respondent's activities to construct a new parking and staging area at the Site resulted in the discharge of fill material without a permit to jurisdictional waters of the United States, including approximately 0.60 acres of floodplain wetlands and 25 linear feet of riparian streambanks associated with Boiling Spring Run, a tributary of the navigable Juniata River. Section 301(a) of the Clean Water Act (CWA), 33 U.S.C. 1311(a), prohibits discharges to waters of the United States, including dredge or fill material, without a permit from the U.S. Army Corps of Engineers ( Corps ). Section 309(a)(3) of the CWA, 33 U.S.C. 1319(a)(3) authorizes the U.S. Environmental Protection Agency (EPA) to issue an Administrative Order for Compliance whenever any person is in violation of any condition or limitation which implements, inter alia, Section 301(a) of the CWA. Mr. Claar has voluntarily entered into this Administrative Order for Compliance on Consent.

Source

Authoritative
EPA ECHO
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