EPA v. BARRETT, GASTON - SITES 2, 3, AND 4

Case summary

GASTON BARRETT, THE SOLE DEFENDANT, HAS ILLEGALLY DISCHARGED DREDGED AND FILL MATERIAL INTO WATERS OF THE U.S. IN VIOLATION OF SECTIONS 301 AND 404 OF THE CWA. THESE VIOLATIONS OCCURRED AT THREE SITES IN PHILADELPHIA, MS. BARRETT WAS PREPARING ALL SITES FOR COMMERCIAL DEVELOPMENT. REGION 4 SEEKS TO HAVE BARRETT RESTORE THE SITES AND PAY A PENALTY. THE AMOUNT OF THE PENALTY PROPOSED IS $1,123,000; HOWEVER, THE LITIGATION CONSIDERATIONS HAVE YET TO BE FACTORED IN. GASTON BARRETT HAS PREVIOUS VIOLATIONS. BECAUSE THIS IS A WETLANDS CASE, IT IS OF NATIONAL SIGNIFICANC

Defendants (2)

• BARRETT, GASTONNamed in complaintNamed in settlement
• CENTRAL MISSISSIPPI PROPERTIES, INC.Named in complaintNamed in settlement

Facilities (3)

• WETLANDS - SITE 3 (GASTON BARRETT)

  INTERSECTION OF LAKEVIEW DR & ROAD 375, PHILADELPHIA, MS, 39350

  Registry ID: 110017347897

• WETLANDS (GASTON BARRETT- SITE 2)

  OFF ROAD 375, E OF KENTAWAKA CANAL, PHILADELPHIA, MS, 39350

  Registry ID: 110017347860

• WETLANDS - SITE 4 (GASTON BARRETT)

  INTERSECTION OF LAKEVIEW DRIVE & WATERVIEW LANE, PHILADELPHIA, MS, 37350

  Registry ID: 110017347904

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• BARRETT, GASTON - SITES 2, 3, AND 4 (04-2010-C035)entered 2010-09-23

  Primary law: CWA

  Federal penalty: $10,000

Timeline (7 milestones)

• 2005-09-22Referred To Dept Of Justice
• 2005-09-28Enforcement Action Data Entered
• 2007-09-28Complaint Filed With Court
• 2010-07-16Final Order Lodged
• 2010-09-23Concluded
• 2010-09-23Final Order Entered
• 2015-04-15Enforcement Action Closed