EPA v. Tony Trong Do (Wetlands Cease & Desist Order)

Case summary

5/29/03 - COMPLIANCE ORDER ISSUED. RESPONDENT ORDERED TO CEASE AND DESIST. ORDER PERTAINS TO WATERS OF THE U.S. ADJACENT TO AN UNNAMED TRIBUTARY TO DAVIS BAYOU, OFF REILLY ROAD, SECTION 23, TOWNSHIP 7 SOUTH, RANGE 8 WEST. THE DISCHARGES OCCURRED DURING MECHANIZED LAND-CLEARING ACTIVITIES AND EXCAVATION OF WETLANDS WITH SIDE CASTING OF DREDGED/FILL MATERIAL INTO WATERS OF THE U.S. PROPERTY IS THE OAKWOODS SUBDIVISION SITE. ORDER REQUIRES: RESPONDENT SHALL IMMEDIATELY CEASE PARTICIPATING IN CAUSING, OR ALLOWING ANY ADDTIONAL DISCHARGES OF ANY DREDGED OR FILL MATERIAL INTO THE DISCHARGE AREA. RESPONDENT SHALL SUBMIT A RESTORATION PLAN TO EPA DESCRIBING THE SCOPE OF ACTIVITIES TO BE UNDERTAKEN, INCLUDING APPROPRIATE BEST MANAGEMENT PRACTICES TO BE EMPLOYED, TO RESTORE THE DISCHARGE AREA TO PRE-PROJECT ELEVATIONS AND CONDITIONS WITHIN 30 DAYS OF RECEIPT OF THIS ORDER. RESPONDENT SHALL MAKE ANY MODIFICATIONS TO THE RESTORATION PLAN DIRECTED BY EPA AND IMPLEMENT THE RESTORATION PLAN AS APPROVED OR MODIFIED BY EPA. RESPONDENT SHALL COMPLETE RESTORATION OF THE DISCHARGE AREA WITH 30 DAY SFROM RECEIPT OF AN EPA APPROVED RESTORATION PLAN. WITHIN 48 HOURS OF RECEIPT OF THIS ORDER, RESPONDENT SHALL INFORM EPA WHETHER RESPONDENT INTENDS TO COMPLY WITH THIS ORDER

Defendants (1)

• DO, TONY TRONGNamed in settlement

Facilities (1)

• WETLANDS (TONY TRONG DO)

  REILLY ROAD, OCEAN SPRINGS, MS, 39564

  Registry ID: 110024265392

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• Tony Trong Do (Wetlands Cease & Desist Order)entered 2003-05-29

  Primary law: CWA

Timeline (2 milestones)

• 2003-05-29Final Order Issued
• 2003-06-11Enforcement Action Data Entered