Property Developer slammed with $3.25 million in fines and restitution: toughest criminal fine for wetlands violations in Florida history
A North Florida development and its owner received a record fine and restitution sentence for undertaking unpermitted dredging and filling in wetlands on private property, for acts committed December 2009 through February 2010. The developer admitted to filling in wetlands, and to the illegal dredging of an upland cut boat basin (marina) in Allanton and to disturbing the channel connecting Allanton to East Bay, a violation of the Rivers and Harbors Act. The developer and his company were also charged and pled guilty to a felony violation of the Clean Water Act for knowingly discharging a pollutant into waters of the US without a permit.
The federal court in North Florida sentenced the defendant individually a $100,000 federal fine; the corporation was sentenced to $ 2,150,000 federal fine and $1,000,000 in restitution payable to the National Fish and Wildlife Foundation. The company was sentenced to 36 months probation.
Probation: 36 months; Federal fines: $2,250,000; Restitution: $1,000,000; Special Assessment fee: $25 Community Service: 0 hours
United States Attorney Pamela C. Marsh said, “The beautiful seashores and pristine waters in North Florida are deserving of our protection, and Congress has given us strong environmental laws to ensure these treasures are preserved for future generations. My office will continue to work closely with the EPA, as we did in this case, to enforce federal environmental protection laws. It is my hope that the $1 million payment to the National Fish and Wildlife Foundation for restoration and marine protection projects will help mitigate the damage done by these defendants and also send a strong deterrence message that polluting our waters will not be tolerated.”“The defendants failed to secure required permits and damaged environmentally sensitive wetlands,” said Maureen O’ Mara, Special Agent-in-Charge of EPA’s criminal enforcement program in Florida. “These are essential natural resources and today’s sentence shows that any company or person that harms them will be prosecuted.”
These cases were investigated by the EPA Criminal Investigation Division and the Coast Guard Investigative Service, in partnership with EPA Region 4, the U.S. Department of Transportation, Office of Inspector General, U.S. Army Corps of Engineers, U.S. Coast Guard Station Panama City, U.S. Department of Agriculture, and FDEP. The cases were prosecuted by Assistant United States Attorney Randall J. Hensel.
(*GA drinking water facilities currently in compliance with Safe Drinking Water Act)
- 2379 total Drinking Water Facilities in the state of GA (increased by 3 from last week)
Georgia Drinking Water Facilities with Significant Violations</p>
Attapulgus, pop 723 (Decatur)
Buena Vista, pop 1588 (Marion)
Grantville, pop 3221 (Coweta)
Hahira, pop 3440 (Lowndes)
Hogansville, pop 3741 (Troup)
Long’s Mobile Home Park, pop 78 (Fayette)
Marshallville, pop 1285 (Macon)
Maysville Water System, pop 2402 (Banks)
Meadowview Subdivision, pop 146 (Coweta)
Northridge Water & Light Co., pop 338 (Lowndes)
Oakridge Village, pop 130 (Brooks)
Petross, pop 78 (Toombs)
Pine Ridge Subdivision, pop 105 (Lowndes)
Southeastern Expeditions, LLC, pop 75 (Rabun)
Tennille, pop 1900 (Washington)
The Traveler’s Inn, pop 66 (Chatham)
Valley Mobile Home Community, pop 102 (Coweta)
Willow Lake MHP, pop 91 (Houston)
1-800-241-4113 Georgia EPD 24 hour Emergency Operations Center
As per Georgia EPA Oil Discharge Reporting Requirements,
the reportable amount of spilled oil product is any amount that leaves a visible sheen on the surface, or a sludge at the bottom of the water body.
Spills from a vessel into navigable waterways
- National Response Center (NRC) at 1-800-424-8802 24-hour emergency line staffed by US Coast Guard
Georgia Spills we are Tracking Nov 28- Dec 4, 2022
Coosa River watershed
- Nov 22 – caller reporting a spill of 650 gallons of sulfuric acid in a parking lot in Dalton – Whitfield County
Georgia EPD spokesperson Sara Lips responds via email on Dec 2 “Approximately 800 gallons of product (H2SO4) was released from totes within a truck. Remedial contractor neutralized all released product and built containment area using dirt. All impacted material and product were removed for disposal. Minimal amount (<1 gallons) that made it to storm drain was neutralized and removed via vactruck. Report currently under investigation, pending final report.”
Chattahoochee
- Nov 28 – a grease blockage causing a spill of sewage into a tributary of Peachtree Creek reported in Atlanta, estimated over 12 000 gallons
Georgia EPD spokesperson Sara Lips responds via email on Dec 2 “As the spill is over 10,000 gallons it is classified as a major spill and the County is required to establish a monitoring program at the spill location for 1 year. Fecal Coliform Bacteria, pH, dissolved oxygen, and temperature are required to be sampled upstream and downstream of the spill site for 1 year.”
Dekalb County and Department of Watershed Management have established a Fats, Oils and Grease (FOG) Management Program (2003).
The FOG Management Program document provided to WTGA is dated May 2013, and states:
The purpose of the County’s FOG Program is to:
1. Minimize the amount of FOG entering the County’s wastewater treatment and
collection system (WCTS); and
2. Reduce or eliminate Sanitary Sewer Overflows (SSOs) caused by FOG-related
flow obstructions.
The goals of the FOG Program are to:
1. Develop and enforce grease trap and interceptor design standards for FSEs;
2. Perform FOG inspections for FSEs;
3. Maintain a current and accurate FSE inventory;
4. Establish Best Management Practices (BMPs) for FSE FOG management;
5. Provide for consistent FOG Ordinance enforcement;
6. Educate WCTS users, including FSE and residential customers, about FOG
management; and
7. Maintain necessary resources and proper training to ensure FOG Program
success.
The program is supported by County Ordinance for food service establishments to have and maintain grease traps; supported by FOG Compliance Supervisor and administrative staff. With reports of grease blockages causing sewage spills impacting Dekalb County creeks, WTGA will be bringing more details on the FOG Management Program and efforts to reduce blockages caused by grease.
| ABOUT