EPA v. JOHNSON, PAUL & ELLEN WILSON JOHNSON (COMPLIANCE ORDER)

Case summary

5/29/03 - COMPLIANCE ORDER ISSUED. RESPONDENTS CAUSED THE UNAUTHORIZED DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO APPROX 300 LINEAR FEET OF AN UNNAMED TRIBUTARY TO BRUSH CREEK AND .5 ACRES OF WETLANDS DURING UNAUTHORIZED MECHANIZED LAND-CLEARING, EXCAVATION, AND FILLING ACTIVITIES WITHOUT A CWA PERMIT. WETLANDS ARE ADJACENT TO BRUSH CREEK AND CONTIGUOUS TO THE TENNESSEE RIVER. ORDER REQUIRES: (1) RESPONDENTS SHALL IMMEDIATELY CEASE. (2) RESPONDENTS SHALL RESTORE THE DISCHARGE AREA TO FORMER ELEVATION AND VEGETATED CONDITIONS. RESPONENTS SHALL SUBMIT A WETLAND RESTORATION PLAN TO INCLUDE: (i) ALL WETLANDS AND STREAMS TO BE RESTORED AND RE-VEGETATED WITH A PLAN DETAILING VEGETATIVE RESTORATION; (ii) ALL DREDGED AND FILL MATERIAL DEPOSITED IN WATERS OF THE U.S. TO BE REMOVED, AND (iii) A NARRATIVE DESCRIBING THE SCOPE OF ACTIVITIES TO BE UNDERTAKEN, INCLUDING APPROPRIATE BEST MANAGEMENT PRACTICES (BMPs) TO BE EMPLOYED. THE WETLAND RESTORATION PLAN SHALL BE SUBMITTED TO EPA FOR REVIEW WITH 45 DAYS OF RECEIPT OF THIS ORDER. RESPONDENTS SHALL MAKE MODIFICATIONS TO THE RESTORATION PLAN DIRECTED BY EPA AND COMPLETE SITE RESTORATION WITHIN 60 DAYS AFTER EPA APPROVES THE SUBMITTED RESTORATION PLA

Defendants (2)

• JOHNSON, PAULNamed in settlement
• JOHNSON, ELLEN WILSONNamed in settlement

Facilities (1)

• WETLANDS (PAUL & ELLEN WILSON JOHNSON)

  BRUSH CREEK ROAD, KILLEN, AL, 35645

  Registry ID: 110015762183

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• JOHNSON, PAUL & ELLEN WILSON JOHNSON (AO)entered 2003-05-29

  Primary law: CWA

Timeline (2 milestones)

• 2003-04-21Enforcement Action Data Entered
• 2003-05-29Final Order Issued