EPA v. DEDEAUX, ADRIAN

Case summary

RESPONDENT, AND OTHERS AT THE DIRECTION OF RESPONDENT, DISCHARGED APPROX. 400-500 CUBIC YARDS OF EARTHEN MATERIAL TAKEN FROM TEH EAST AND WEST BANK OF THE SOUTHERN END OF THE CHANNEL LEADING TO THE PEARL RIVER. THE MATERIAL WAS PLACED BELOW THE ORDINARY HIGH WATER MARK OF THE PEARL RIVER FORMING A LOW-WATER CROSSING APPROX. 100 FEET LONG, 30 FEET WIDE AND 3-4 FEET DEEP. TH ROAD CROSSING DID NOT HAVE A CULVERT TO ALLOW NORMAL PASSAGE OF AQUATIC ORGANISMS DURING APPROPRIATE RIVER STAGES AND IMPEDED NORMAL HYDROLOGY. THE VIOLATION WAS CONFIRMED BY THE U.S. ARMY COE DURING A FIELD INVESTIGATION ON 9/8/96 AND A SUBSEQUENT INSPECTION ON 11/19/96, WHERE RISING WATER LEVELS HAD ERODED SECTIONS OF THE CROSSING. ORDER REQUIRES: RESPONDENT SHALL IMMEDIATELY CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL DISCHARGES OF ANY DREDGED OR FILL MATERIAL. RESPONDENT SHALL SUBMIT A CHANNEL BANK RESTORATION PLAN TO EPA AT THE REFERENDED ADDRESS WITHIN 10 DAYS OF RECEIPT OF THIS ORDER. THE RESTORATION PLAN SHALL INCLUDE A PROCEDURE TO STABILIZE AND RESTORE THE CHANNEL BANKS AT THE SOUTH END OF THE CROSSING WHERE MATERIAL WAS TAKEN TO CONSTRUCT THE LOW-WATER CROSSING. WITHIN 48 HOURS OF RECEIPT OF THIS ORDER, RESPONDENT SHALL INFORM EPA WHETHER RESPONDENT HAS COMPLIED WITH THE IMMEDIATELY PRECEDING PARAGRAPH 1 OF THE ORDER.

Defendants (1)

• DEDEAUX, ADRIANNamed in settlement

Facilities (1)

• WETLANDS

  S30, T1N, R14E, ADJACENT TO PEARL RIVER, PICAYUNE, MS, 39466

  Registry ID: 110010582397

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• DEDEAUX, ADRIANentered 2001-07-09

  Primary law: CWA

Timeline (4 milestones)

• 1998-07-17Complaint Filed/Proposed Order
• 1998-10-01Enforcement Action Data Entered
• 2001-07-09Final Order Issued
• 2001-07-09Enforcement Action Closed