EPA v. TENNESSEE WILDLIFE RESOURCES AGENCY

Case summary

6/12/2008 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. LOCATED ON THE BLACK SWAMP, HOP-IN REFUGE, NORTH OF THE SOUTH FORK OBION RIVER, WEST OF STATE ROAD 89, IN OBION COUNTY, TN. THE DISCHARGES OCCURRED DURING CONSTRUCTION OF WATER CONTROL STRUCTURES, BERM CONSTRUCTION AND ASSOCIATED ACTIVITIES IN WATERS OF THE U.S. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 34.87 ACRES OF WETLANDS DURING THE CONSTRUCTION OF MULTIPLE BERMS AND 3.03 ACRES OF WETLANDS THAT WERE EXCAVATED IN ASSOCIATION WITH THE CONSTRUCTION OF DITCHES AND WATER CONTROL STRUCTURES. ORDER REQUIRES: A. IMMEDIATELY, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL . B. WITHIN 48 HOURS, RESPONDENT WILL NOTIFY EPA WHETHER OR NOT THE RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. C. WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE A SITE RESOTRATION PLAN TO EPA. PLAN SHOULD INCLUDE MEASURE TO ACCOMPLISH THE FOLLOWING: (a) STABILIZATION OF THE DISCHARGE AREA USING APPROPRIATE BEST MGMT PRACTICES; (b) REMOVAL OF UNAUTHORIZED DREDGED OR FILL MATERIAL DEPOSITED BY RESPONDENT INTO WATERS OF THE U.S.; (c) RESTORATION OF IMPACTED WATERS OF THE U.S. AT THE DISCHARGE AREA, AND (d) PROVISION OF A SITE RESTORATION PLAN AND SCHEDULE FOR IMPLEMENTATION. EPA WILL REVIEW THE PLAN AND PROVIDE COMMENTS ON THE PLAN TO THE RESPONDENT. D. IF EPA PROVIDES COMMENTS ON THE PLAN, RESPONDENT SHALL THEN SUBMIT TO EPA THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OF RECEIVING EPA COMMENTS. E. RESPONDENT SHALL COMPLETE SITE RESTORATION WITH 60 DAYS OF EPA'S RESTORATION PLAN APPROVAL.

Defendants (1)

• TENNESSEE WILDLIFE RESOURCES AGENCYNamed in settlement

Facilities (1)

• BLACK SWAMP (HOP-IN REFUGE)

  WEST OF STATE ROAD 89, UNION CITY, TN, 38253

  Registry ID: 110037077846

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• TENNESSEE WILDLIFE RESOURCES AGENCYentered 2008-06-12

  Primary law: CWA

Timeline (2 milestones)

• 2008-06-12Final Order Issued
• 2008-07-08Enforcement Action Data Entered