PHILADELPHIA (Nov. 16, 2023) – The U.S. Department of Justice filed a complaint on behalf of EPA against Chameleon LLC and Gary V. Layne to address violations of the Clean Water Act (CWA) involving unauthorized discharges of dredged or fill material into wetlands adjacent to tributaries of the Chickahominy and Pamunkey Rivers in Ashland, Virginia.
The complaint alleges that Defendants conducted extensive clearing, grubbing, earth-moving, and draining activities in wetlands to prepare the site for development without any permit authorization, in violation of Sections 301 and 404 of the Clean Water Act. EPA previously issued a Unilateral Administrative Order on November 23, 2021, that required Defendants to submit a plan to restore the impacted wetlands. Chameleon LLC and Mr. Layne failed to comply with that order.
“EPA remains committed to protecting our nation’s waters from harmful pollution, within the limits set by the Supreme Court,” said Assistant Administrator David M. Uhlmann for EPA’s Office of Enforcement and Compliance Assurance. “EPA will hold companies accountable when they seek to profit from illegally filling wetlands and imperiling the health of the Nation’s rivers and streams.”
“EPA is serious about enforcing regulations that protect the shared resources upon which we all rely,” said Adam Ortiz, EPA Regional Administrator. “Wetlands play critical roles in our ecosystems and serve as buffers to climate change. Lawsuits like this are clear reminders that EPA and its federal and state partners will enforce the highest standards to ensure a sustainable future in which nature and communities can thrive together.”
The United States filed suit in the U.S. District Court of the Eastern District of Virginia on November 13, 2023. The lawsuit alleges that, beginning in 2018, the defendants discharged dredged or fill material into 21 acres of wetlands that abut and have a continuous surface connection to relatively permanent tributaries of the Chickahominy River and Pamunkey River, without obtaining federal permit coverage from the Army Corps of Engineers as required under the CWA.
EPA and the Virginia Department of Environmental Quality have worked cooperatively throughout the development of this matter to identify and address the violations at the site. The agencies are committed to protecting aquatic resources and resolving violations in ways that address both federal and state concerns.
In the lawsuit, the United States seeks relief that would address the violations, including appropriate penalties, restoration of the impacted wetlands, and mitigation for any irreversible environmental impacts.
Source: EPA Government
