9/15/2011 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $8,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
COMMENCING ON OR ABOUT APRIL 2009, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, 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 JURISDICTIONAL WETLANDS DURING CONSTRUCTION OF PONDS TO TRAIN LABRADOR RETREIVERS.
RESPONDENT IMPACTED APPROXIMATELY 31 ACRES OF WETLANDS (DISCHARGE AREA) THAT ARE ADJACENT TO REEDY CREEK THAT FLOWS TO MULE CREEK, A TRIBUTARY TO OKAPILCO CREEK, WHICH IN TURN FLOWS TO THE WITHLACOOCHEE RIVER, A NAVIGABLE WATER OF THE UNITED STATES.
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE SITE DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITES PERFORMED BY THE RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, IS A VIOLATION OF SECTION 301(a) OF THE CWA.