CWA-09-2026-0016: Clean Water Act Administrative Complaint; Henry Simpson, d/b/a Buena Vista Estates, Santa Rita, Guam
First Amended Administrative Complaint in the matter of Henry Simpson, d/b/a Buena Vista Estates, Santa Rita, Guam. EPA Docket No. CWA-09-2026-0016.
Complainant: Amy C. Miller-Bowen, Director, Enforcement and Compliance Assurance Division, U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, CA 94105
Respondent: Henry Simpson, d/b/a Buena Vista Estates, owner and operator of the construction site known as “Buena Vista Estates,” located near 13.3955°N, 144.6943°E, in Santa Rita, Guam.
Description of Business or Activity Conducted by the Respondent: Owner and operator of a residential subdivision construction project referred to as Buena Vista Estates in Santa Rita, Guam.
Alleged Violations: EPA alleges that, between at least April 30, 2017, and February 21, 2023, Respondent discharged stormwater containing pollutants associated with construction activity, including clearing and grading, from the Buena Vista Estates construction site to Waters of the United States, without authorization under an National Pollutant Discharge Elimination System (NPDES) permit, in violation of Section 301(a) of the CWA, 33 U.S.C. § 1311(a), and 40 C.F.R. § 122.26(c)(1).
Proposed Order and Penalty: EPA seeks an order assessing an administrative civil penalty of up to $342,218, consistent with Section 309(g)(2) of the CWA, 33 U.S.C. § 1319(g)(2), as adjusted for inflation at 40 C.F.R. § 19.4.