EPA v. GIBSON, MARK

Case summary

4/5/04 - COMPLIANCE ORDER ISSUED. THE UNAUTHORIZED DISCHARGES OCCURRED AS A RESULT OF MECHANIZED LAND-CLEARING AND THE ASSOCIATED DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S., INCLUDING APPROX 1,000 LINEAR FEET OF WATERS IDENTIFIED AS ALLIGATOR BRANCH WHICH IS TRIBUTARY TO THE PEARL RIVER, A NAVIABLE WATER OF THE U.S. ORDER: 1. RESPONDENT HSALL IMMEDIATELY CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL DISCHARGES OF ANY DREDGED OR FILL MATERIAL, INTO THE DISCHARGE AREA. 2. RESPONDENT SHALL SUBMIT A RESTORATION PLAN TO EPA DESCRIBING THE SCOPE OF ACTIVITIES TO BE UNDERTAKEN TO RESTORE THE IMPACTED REACH OF ALLIGATOR BRANCH AND ADJACENT WETLANDS WITHIN 20 DAYS OF RECEIPT OF THIS ORDER. THE PLAN SHOULD INCLUDE: A STREAM RESTORATION SCHEME, SELECTION OF APPROPRIATE WETLAND HARDWOOD SPECIES TO RESTORE THE RIPARIAN AREA ALONG ALLIGATOR BRANCH, A MONITORING PLAN WITH SUCCESS CRITERIA, AND APPROPRIATE BEST MANAGEMENT PRACTICES (BMPs) TO BE EMPLOYED TO RESTORE THE DISCHARGE AREA TO ORIGINAL CONDITIONS. EPA WILL REVIEW THE PROPOSED PLAN AND APPROVE OR PROVIDE APPROPRIATE COMMENTS TO MODIFY THE PLAN. RESPONDENT SHALL COMPLETE RESTORATION OF THE DISCHARGE AREA WITHIN 30 DAYS FROM RECEIPT OF AN EPA-APPROVED PLAN

Defendants (1)

• GIBSON, MARKNamed in settlement

Facilities (1)

• WETLANDS (MARK GIBSON)

  OFF HWY 11; ALLIGATOR BRANCH, PICAYUNE, MS, 39466

  Registry ID: 110018926885

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• GIBSON, MARKentered 2004-04-05

  Primary law: CWA

Timeline (2 milestones)

• 2004-04-05Final Order Issued
• 2004-06-28Enforcement Action Data Entered