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ARTICLE ID 195231

$________ – DOJ – CLEAN WATER ACT VIOLATION – HOME BUILDER ACCUSED OF UNLAWFUL DISCHARGES AT JOB SITE.

U.S. District Court, Southern, Florida

In this action, a home builder was accused of violating a permit and the Clean Water Act (CWA). The matter was resolved via consent decree.

The housing development, Mansions at Sion, is located at the corner of Southwest 22nd Street and 144th Avenue in Miami-Dade County, Florida. In early ________, the U.S. Army Corps of Engineers (Corps) received an application from defendant; Victor O., seeking authorization to discharge dredged or fill material into navigable waters in conjunction with constructing the Mansions at Sion. The defendants, Victor O. and Narinedat R., are managers of Sion Home’s Builders, LLC, and Sion Homes, LLC. The permit was granted, with a stipulation that, prior to construction, the defendant would pay a mitigation fee of $________ to the Miami-Dade County Freshwater Wetland Mitigation Trust Fund (FWMT). At the time of the permit application and issuance, defendant, Juan Carlos S., was employed by, or closely associated with Sion Home’s Builders, LLC, or other entities connected with the Mansions at Sion. At that time, defendant, Siramad T. (later, Siramad T-S. as wife to co-defendant) worked for Miami-Dade County’s Department of Environmental Resources Management (DERM), who receives mitigation fees on behalf of the County FWMT. In March ________, Siramad T. wrote a letter to Sion Home’s Builders, stating that payments of $________ and $________ were received by the DERM. However, the U.S. Department of Justice (DOJ) later stated that the $________ payment was never received. After issuance of the permit, construction of the Mansions at Sion began. As of at least June ________, construction activities continued to occur on at least one lot of the housing development, originally known as the Mansions at Sion.

The United States filed suit on behalf of the Corps in the U.S. District Court for the Southern District of Florida, Miami Division. The defendants, Juan Carlos S., Siramad T.-S., Victor O., Narinedat R., Sainz Homes, LLC, Sion Home’s Builders, LLC, and Sion Homes, LLC were accused of violating the Clean Water Act, respecting the discharges of dredged or fill material associated with the housing development, as well as violation of the permit issued by the Corps. The DOJ sought injunctive relief, civil penalties, and other appropriate relief.On January 28, ________, defendants, Juan Carlos S., Siramad T-S., and Sainz Homes, LLC satisfied the condition or limitation of the permit. The suit was resolved thereafter, respecting those plaintiffs through a consent decree, in which they agreed to pay $________ in civil penalties, and $________ in mitigation costs. The claims were resolved with no admission or determination of liability.

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