EPA v. ROSE INTEGRATED SERVICES

Case summary

4/2/04 - ADMINISTRATIVE CONSENT AGREEMENT ISSUED. THIS AGREEMENT PERTAINS TO THE DISCHARGE AREA LOCATED EAST OF HIGHWAY 45 IN THE FLOOD PLAIN OF MERIDIAN CREEK, IN THE CITY OF JACKSON, MADISON COUNTY, TENNESSEE. THE DISCHARGES OCCURRED DURING UNAUTHORIZED MECHANICAL LAND CLEARING AND FILLING ACTIVITIES IN ASSOCIATION WITH COMMERCIAL DEVELOPMENT IN WATERS OF THE U.S. ORDER REQUIRES: RESPONDENT SHALL PREPARE A SITE RESTORATION PLAN THAT INCLUDES: THE REMOVAL OF ALL DISCHARGED DREDGE AND/OR FILL MATERIAL FROM THE IMPACTED FORESTED WETLANDS; A SITE STABILIZATION PLAN WITH APPROPRIATE BEST MANAGEMENT PRACTICES; A WETLAND RESTORATION PLAN THAT INCLUDES WETLAND FORESTED SPECIES TO BE PLANTED AND A MONITORING PLAN WITH SUCCESS CRITERIA IDENTIFIED WITH 30 DAYS OF ISSUANCE OF THIS FINALIZED AGREEMENT. EPA WILL REVIEW AND PROVIDE APPROPRIATE COMMENTS UPON RECEIPT OF RESPONDENT'S PLAN. RESPONDENT SHALL INCORPORATE ANY EPA COMMENTS INTO THE PLAN AND SEND THE REVISED PLAN TO EPA WITHIN 10 DAYS OF RECEIPT OF EPA REVISIONS. RESPONDENTS SHALL IMPLEMENT AND COMPLETE THE PLAN WITHIN 60 DAYS OF EPA FINAL PLAN APPROVAL. TO MITIGATE FOR THE TEMPORAL LOSS OF WETLANDS FUNCTIONS AND VALUES AT THE SITE, THE RESPONDENT CAN DO ANY OF THE FOLLOWING: FIRST, RESPONDENT CAN SUBMIT A PROPOSED MITIGATION PLAN FOR EPA APPROVAL AND PERFORM SUCH MITIGATION WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT. SECOND, RESPONDENT CAN SUBMIT THE NAME OF AN ENVIRONMENTAL ORGANIZATION OR ENVIRONMENTAL EDUCATION GROUP FOR EPA APPROVAL WITHIN 10 DAYS OF THE FINALIZED AGREEMENT. UPON EPA APPROVAL, RESPONDENT SHALL DONATE $15,000 TO FURTHER THE ORGANIZATION'S ENVIRONMENTAL GOALS IN WESTERN TENNESSEE. AND THIRD, RESPONDENT CAN PURCHASE$15,000 IN MITIGATION CREDITS FROM A MITIGATION BANK LOCATED IN THE SAME WATERSHED AS THE SITE

Defendants (1)

• ROSE INTEGRATED SERVICESNamed in settlement

Facilities (1)

• WETLANDS (ROSE INTEGRATED SERVICES)

  E OF HWY 45; IN THE FLOOD PLAIN OF MERIDIAN CREEK, JACKSON, TN, 38301

  Registry ID: 110017722231

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• ROSE INTEGRATED SERVICES (CONSENT AGMT)entered 2004-04-02

  Primary law: CWA

Timeline (3 milestones)

• 2004-04-02Final Order Issued
• 2004-04-06Enforcement Action Data Entered
• 2010-01-13Enforcement Action Closed