EPA v. GREEN HILLS DEVELOPMENT COMPANY, LLC

Case summary

9/11/2008 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,400. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ORDER ALLEGES: COMMENCING ON OR ABOUT AUGUST 11, 2006, TO SEPTEMBER 12, 2006, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE UNITED STATES ON THE SITE (THE DISCHARGE AREA) USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH A RESIDENTIAL DEVELOPMENT. RESPONDENT IMPACED A TRIBUTARY TO RICHLAND CREEK, WHICH IS TRIBUTARY TO THE PEARL RIVER, A WATER OF THE UNITED STATES. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHAGE AREA FROM AUGUST 11, 2006, TO SEPTEMBER 12, 2006, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTO WATERS OF THE UNITED STATES WIHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, IS A VIOLATION OF SECTION 301(a) OF THE CWA.

Defendants (1)

• GREEN HILLS DEVELOPMENT COMPNAY, LLCNamed in complaintNamed in settlement

Facilities (1)

• WETLANDS - GREEN HILLS SUBDIVISION

  S. SIDE OF MS, EAST OF INTERS. W/MS468, BRANDON, MS, 39042

  Registry ID: 110028256688

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• GREEN HILLS DEVELOPMENT COMPANY, LLCentered 2008-09-12

  Primary law: CWA

  Federal penalty: $5,400 · SEP: $50,000

Timeline (4 milestones)

• 2008-09-12Complaint Filed/Proposed Order
• 2008-09-12Final Order Issued
• 2008-09-13Enforcement Action Data Entered
• 2008-11-10Enforcement Action Closed