20201218 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $24,000. RESPONDENT SHALL MAKE PAYMENT WITH 30 DAYS.
ALLEDGED VIOLATIONS
Commencing on or about June 2014 through December 2016, Respondents, or those acting on behalf of the Respondents, discharged dredged and/or fill material into wetlands on the Site using earth moving machinery during unauthorized activities associated with the clearing and filling of wetlands for a residential development.
Respondents impacted approximately 13.63 acres of wetlands that are adjacent to two unnamed tributaries of Gum Branch. Gum Branch flows to Taylors Creek, which then flows to Canoochee Creek. Canoochee Creek is a tributary of the Canoochee River, a
traditional navigable water (?TNW?).
On June 14, 2017, the EPA and the US Army Corps of Engineers performed a Compliance Evaluation Inspection (?CEI?) to evaluate the Respondents? compliance with the CWA, and the regulations promulgated thereunder at 40 C.F.R. ? 232.
At no time during the discharge of dredged and/or fill material at the Discharge Area from June 2014 to December 2016, did the Respondents possess a permit under Section 404 of the CWA, 33 U.S.C. ? 1344, authorizing the activities performed by Respondents.
Each discharge by the Respondents of pollutants into navigable waters without a permit issued under Section 404 of the CWA, 33 U.S.C. ? 1344, is a violation of Section 301(a) of the CWA, 33 U.S.C. ? 1311(a).
Each day the mate