Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. FKT Resort Management LLC

United States District Court, D. Maine

November 16, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
FKT RESORT MANAGEMENT LLC; FKT BAYLEY FAMILY LIMITED PARTNERSHIP; FRED W. BAYLEY; KATHLEEN M. BAYLEY; THOMAS R. BAYLEY; BAYLEY HILL DEER & TROUT FARM, INC.; and BAYLEY'S CAMPGROUND, INC., Defendants.

         ON BEHALF OF THE UNITED STATES:

          JOHN C. CRUDEN Assistant Attorney General, AMY J. DONA U.S. Department of Justice Environment and Natural Resources Division Environmental Defense Section

          THOMAS E. DELAHANTY II, United States Attorney District of Maine, JOHN G. OSBORN, Assistant United States Attorney District of Maine

          Mark Pollins Division Director Water Enforcement Division Office of Civil Enforcement Office of Enforcement and Compliance Assurance United States Environmental Protection Agency

          Ben Bahk Branch Chief, Industrial Branch Water Enforcement Division Office of Civil Enforcement Office of Enforcement and Compliance Assurance United States Environmental Protection Agency 1

          James Vinch Attorney Water Enforcement Division Office of Civil Enforcement Office of Enforcement and Compliance Assurance United States Environmental Protection Agency

          Susan Studlien Director, Office of Environmental Stewardship U.S. Environmental Protection Agency - Region 1

          Laura Beveridge Enforcement Counsel U.S. Environmental Protection Agency - Region 1

         ON BEHALF OF DEFENDANTS:

          FKT Resort Management LLC, FKT Bayley Family Limited Partnership, Fred W. Bayley, Kathleen M. Bayley, Thomas R. Bayley, Bayley Hill Deer & Trout Farm, Inc. Bayley's Campground, Inc.

          CONSENT DECREE

          JOHN A. WOODCOCK, JR. UNITED STATES DISTRICT JUDGE

         WHEREAS, the Plaintiff, the United States of America, on behalf of the United States Environmental Protection Agency (“EPA”), filed the Complaint herein against FKT Resort Management LLC, FKT Bayley Family Limited Partnership, Fred W. Bayley, Kathleen M. Bayley, Thomas R. Bayley, Bayley Hill Deer & Trout Farm, Inc., and Bayley's Campground, Inc. (“Defendants”), alleging that Defendants violated Sections 301(a) and 404 of the Clean Water Act (“CWA”), 33 U.S.C. §§ 1311(a), 1344;

         WHEREAS, the Complaint alleges that Defendants violated CWA Section 301(a) by discharging dredged or fill material and/or controlling and directing the discharge of dredged or fill material into waters of the United States at the “Ross Road Site, ” located in the towns of Scarborough and Old Orchard Beach, Maine, and the “Campground Site, ” located in the town of Scarborough, Maine, (collectively, the “Sites, ” and more fully described in the Complaint), without authorization by the United States Department of the Army (“the Corps”);

         WHEREAS, the Complaint seeks (1) to enjoin the discharge of pollutants into waters of the United States in violation of CWA Section 301(a), 33 U.S.C. § 1311(a); (2) to require Defendants, at their own expense and at the direction of EPA, to restore and/or mitigate the damages caused by their unlawful activities; and (3) to require Defendants to pay civil penalties as provided in 33 U.S.C. § 1319(d);

         WHEREAS, this Consent Decree is intended to constitute a complete and final settlement of the United States' claims under the CWA set forth in the Complaint regarding the Sites;

         WHEREAS, the United States and Defendants agree that settlement of this case is in the public interest and that entry of this Consent Decree is the most appropriate means of resolving the United States' claims under the CWA against Defendants in this case; and

         WHEREAS, the Court finds that this Consent Decree is a reasonable and fair settlement of the United States' claims against Defendants in this case, and that this Consent Decree adequately protects the public interest in accordance with the CWA and all other applicable federal law.

         WHEREAS, nothing in this Consent Decree shall be deemed an admission by Defendants of any violation of the Clean Water Act or other applicable federal law.

         THEREFORE, before the taking of any testimony upon the pleadings, without further adjudication of any issue of fact or law, and upon consent of the parties hereto by their authorized representatives, it is hereby ORDERED, ADJUDGED and DECREED as follows:

         I. JURISDICTION AND VENUE

         1. This Court has jurisdiction over the subject matter of these actions and over the parties pursuant to CWA sections 309(b) and (d), 33 U.S.C. §§ 1319(b) and (d), and 28 U.S.C. §§ 1331, 1345, and 1355.

         2. Venue is proper in the District of Maine pursuant to CWA Section 309(b), 33 U.S.C. § 1319(b), and 28 U.S.C. §§ 1391(b) and (c), because Defendants conduct business in this District, the subject property is located in this District, the violations alleged in the Complaint occurred in this District, and the penalty sought by the United States accrued in this District.

         3. The Complaint states claims upon which relief can be granted pursuant to Sections 301, 309 and 404 of the CWA, 33 U.S.C. §§ 1311, 1319 and 1344.

         II. APPLICABILITY

         4. The obligations of this Consent Decree (including Appendix A and the Ross Road Site and Campground Site Work Plans prepared and approved thereunder) shall apply to and be binding upon Defendants and any successors, assigns, or other entities or persons otherwise bound by law. Defendants shall provide a copy of this Consent Decree, Appendix A, and the Ross Road Site and Campground Site Work Plans prepared and approved thereunder, to all officers, directors, employees, and agents who are responsible for compliance with any provision of this Decree, as well as to any contractor retained to perform work required under this Consent Decree. Defendants shall condition any contract for performance of the work on conformity with the terms of this Consent Decree, Appendix A and the Ross Road Site and Campground Site Work Plans. In any action to enforce this Consent Decree against a Defendant, the Defendant shall not raise as a defense the failure of any of its officers, directors, agents, employees, successors or assigns or any person, firm or corporation acting in concert or participation with the Defendant, to take any actions necessary to comply with the provisions hereof.

         5. The transfer of ownership or other interest in any portion of the Sites shall not alter or relieve Defendants of their obligation to comply with all of the terms of this Consent Decree. At least thirty (30) days prior to the transfer of ownership or other interest in the Sites, the party making such transfer shall provide written notice and a true copy of this Consent Decree to its successors in interest and shall simultaneously notify the United States at the addresses specified in Section XI below that such notice has been given. As a condition to any such transfer, the Defendant making the transfer shall reserve all rights necessary to comply with the terms of this Consent Decree.

         III. SCOPE OF CONSENT DECREE

         6. This Consent Decree shall constitute a complete and final settlement of all civil CWA Sections 301(a) and 404 claims alleged in the Complaint against Defendants concerning the Sites.

         7. It is the express purpose of the parties in entering this Consent Decree to further the objectives set forth in CWA Section 101, 33 U.S.C. § 1251. All plans, studies, construction, remedial maintenance, monitoring programs, and other obligations in this Consent Decree or resulting from the activities required by this Consent Decree shall have the objective of causing Defendants to achieve and maintain full compliance with, and to further the purposes of, the CWA.

         8. Defendants' obligations under this Consent Decree are joint and several.

         9. Except as in accordance with this Consent Decree, Defendants are enjoined from discharging any pollutant into waters of the United States, unless such discharge complies with the provisions of the CWA and its implementing regulations.

         10. This Consent Decree is not and shall not be interpreted to be a permit or modification of any existing permit issued pursuant to Sections 402 or 404 of the CWA, 33 U.S.C. §§ 1342 or 1344, or any other law. Nothing in this Consent Decree shall limit the ability of the United States Army Corps of Engineers to issue, modify, suspend, revoke or deny any individual permit or any nationwide or regional general permit, nor shall this Consent Decree limit the EPA's ability to exercise its authority pursuant to Section 404(c) of the CWA, 33 U.S.C. § 1344(c). Any discharge of dredged and/or fill material necessary for work required by this Consent Decree shall be consistent with the requirements of Appendix A.

         11. This Consent Decree in no way affects or relieves Defendants of their responsibility to comply with any applicable federal, state, or local law, regulation or permit.

         12. This Consent Decree in no way affects the rights of the United States as against any person not a party to this Consent Decree.

         13. The United States reserves any and all legal and equitable remedies available to enforce the provisions of this Consent Decree and applicable law.

         14. Except as set forth in Paragraphs 1 and 2, supra, nothing in this Consent Decree shall constitute an admission of fact or law by any party.

         IV. CIVIL PENALTIES

         15. Defendants shall pay a civil penalty to the United States in the amount of Two Hundred and Twenty-Seven Thousand, Five Hundred Dollars ($227, 500), in accordance with the following schedule:

         a. on or before 30 days after the Effective Date, Defendants shall pay to the United States the sum of $113, 750; and b. on or before 6 months after the Effective Date, Defendants shall pay to the United States the sum of $113, 750, plus interest on said sum accruing from the Effective Date to the date of payment, at the rate specified in 28 U.S.C. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.