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Jose Miguel Calvo, Misdemeanor Rivers and Harbors Act Violation, Florida 2015

Miami, FL – A Miami-based dock builder has been sentenced to a year of probation and a hefty fine for illegally constructing structures in navigable U.S. waterways, federal prosecutors announced earlier this week. Jose Miguel Calvo, owner of an as-yet-unnamed construction firm, pled guilty to one misdemeanor count relating to violations of the Rivers and Harbors Act and the Clean Water Act.

The case, investigated by the Environmental Protection Agency’s Criminal Investigation Division, revealed that Calvo knowingly built multiple docks and piers in the Miami area without obtaining the necessary permits from the U.S. Army Corps of Engineers. These unauthorized constructions disrupted the delicate ecological balance of the waterways and potentially impacted navigation, prompting the federal investigation.

According to court documents, Calvo was initially charged on December 3, 2014, with falsifying documents related to the illegal construction. He subsequently entered a guilty plea on January 6, 2015. The sentence, handed down by a federal judge, includes 12 months of probation and a $20,000 fine. However, the penalties extend beyond financial repercussions.

Corrective Action Mandated

As part of a plea agreement, Calvo is now responsible for filing permit applications for ten existing installations in the Miami area. He must also undertake any corrective actions dictated by the Army Corps of Engineers to bring these structures into compliance with federal regulations. This could involve modifying the docks, piers, or implementing mitigation efforts to address any damage caused to natural resources. The full extent of these required alterations and associated costs remains to be determined by the Army Corps.

Legal Ramifications

Calvo’s actions violated Title 18 U.S. Criminal Code and 33 U.S.C. § 403 of the Clean Water Act, specifically pertaining to the unauthorized obstruction or alteration of navigable waters. The Rivers and Harbors Act of 1899 requires permits for any work that affects navigable waterways, ensuring the protection of both commerce and the environment. Violations carry both criminal and civil penalties, including fines and potential imprisonment, depending on the severity and scope of the illegal activity.

GrimyTimes Investigation

GrimyTimes is currently investigating whether Calvo’s firm has a history of similar violations or if this incident is an isolated case. Sources indicate that the EPA has been increasing its scrutiny of dock construction projects in South Florida, aiming to curb the proliferation of unpermitted structures and protect the region’s vulnerable marine ecosystems. Further updates will be provided as this story develops.

Key Facts

  • Defendant: Jose Miguel Calvo
  • Location: Miami, Florida
  • Year: 2015
  • Charges: Illegal construction of structures in navigable waters without permits.
  • Statutes Violated: Title 18 U.S. Criminal Code, 33 U.S.C. § 403 (Clean Water Act)
  • Penalty: 12 months probation, $20,000 fine, and requirement to file permits and undertake corrective action for ten installations.

Source: EPA ECHO Enforcement Case Database

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