EPA v. TIM KENNEDY AND THOMAS KENNEDY, SR. (KENNEDY RESIDENCE)

Case summary

8/19/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,000 WITHIN 30 DAYS. ALLEGATIONS: THE DISCHARGE AREA IS THE BACK BAY OF BILOXI BAY OF BILOXI AND WETLANDS ADJACENT TO TEH BACK BAY OF BILOXI. COMMENCING ON OR ABOUT APRIL 2008, RESPODNENTS, OR THOSE ACTING ON BEHALF OF RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE RECLAMATION OF TWO SHRIMP BOATS WASHING ASHORED DURING HURRICANE KATRINA. RESPONDENT IMPACTED APPROX 0.39 ACRES OF WATERS OF THE U.S., THE BACK BAY OF BILOXI, AND TIDAL WETLANDS ADJACENT TO THOSE WATERS. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA ON OR ABOUT AUGUST 3, 2007, TO THE PRESENT, DID RESPONDENTS POSSESS A PERMIT UNDER SECTION 404 OF THE CWA AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENTS.

Defendants (2)

• KENNEDY, THOMASNamed in complaintNamed in settlement
• KENNEDY, TIMNamed in complaintNamed in settlement

Facilities (1)

• WETLANDS (KENNEDY RESIDENCE)

  650 KENNEDY LANE, BILOXI, MS, 39532

  Registry ID: 110040050039

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• TIM KENNEDY AND THOMAS KENNEDY, SR. (KENNEDY RESIDENCE)entered 2009-08-19

  Primary law: CWA

  Federal penalty: $5,000

Timeline (4 milestones)

• 2009-08-19Final Order Issued
• 2009-08-19Complaint Filed/Proposed Order
• 2009-08-24Enforcement Action Data Entered
• 2009-08-31Enforcement Action Closed