Public Notice: Clean Water Act Administrative Complaint; Henry Simpson, d/b/a Buena Vista Estates, Santa Rita, Guam

Summary

EPA is authorized under Section 309(g) of the Clean Water Act (the “CWA”), 33 U.S.C. § 1319(g), to assess civil administrative penalties against any person who violates Section 301(a) of the CWA, 33 U.S.C. § 1311(a). This action under Section 309(g) is conducted in accordance with the “Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits” (“Consolidated Rules”), set forth at 40 C.F.R. Part 22.

In accordance with Section 309(g)(4)(A) of the CWA, 33 U.S.C. § 1319(g)(4)(A), and 40 C.F.R. § 22.45(b), EPA is hereby providing public notice of, and opportunity to comment on, the First Amended Administrative Complaint in the following matter:

In the Matter of: Henry Simpson, d/b/a Buena Vista Estates, Santa Rita, Guam
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.

For More Information

Persons wishing to receive a copy of the Consolidated Rules, review the documents filed by the parties in this proceeding, comment upon the Administrative Complaint, or participate in any hearing that may be held, may contact the Regional Hearing Clerk identified above. Federal regulations are available online at the Code of Federal Regulations (CFR) website. Unless otherwise noted, the public record for this proceeding is located at the office of the Regional Hearing Clerk (address above) and the file will be open for public inspection during normal business hours.

Applicants or Respondents

Docket Numbers

• Docket No. CWA-09-2026-0016

Related Documents

• First Amended Administrative Complaint: Henry Simpson, d/b/a Buena Vista Estates, Santa Rita, Guam (pdf) (275.05 KB, January 29, 2026)
  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.