EPA v. SLAY, HORACE S.

Case summary

5/6/09 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. INCLUDING APPROX 700 LINEAR FEET OF TOWN CREEK LOCATED AT 1011 SOUTH STATE STREET, JACKSON, MISSISSIPPI. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE PLACEMENT OF FILL MATERIAL IN AND/OR ALONG THE BANKS OF TOWN CREEK. COMMENCING ON OR ABOUT MARCH 2007 TO THE PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE DEPOSITION OF FILL MATERIAL IN AND/OR ALONG THE BANKS OF TOWN CREEK. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 700 LINEAR FEET OF TOWN CREEK, A DIRECT TRIBUTARY TO THE PEARL RIVER, A NAVIGABLE WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGE AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM MARCH 2007 TO THE PRESENT, DID THE RESPONDENT POSSES A PERMIT UNDER SECTION 404 OF THE CWA. ORDER REQUIRES: IMMEDIATELY, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL IN WATERS OF THE U.S. WITHIN 48 HOURS, RESPONDENT WILL NOTIFY EPA WHETHER OR NOT THE RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA FOR REVIEW AND APPROVAL. PLAN SHOULD INCLUDE MEASURES TO ACCOMPLISH THE FOLLOWING: A) STABILIZE THE DISCHARGE AREA USING APPROPRIATE BEST MGMT PRACTICES; B) REMOVE UNAUTHORIZED DREDGED OR FILL MATERIAL DEPOSITED BY RESPONDENT INTO WATERS OF THE U.S.; AND C) RESTORE IMPACTED WATERS OF THE U.S. AT THE DISCHARGE AREA. RESTORATION PLAN, WHICH WILL BE SITE SPECIFIC, SHOULD INCLUDE THE FOLLOWING COMPONENTS: FINAL ELEVATIONS OF THE CREEK BANK AND ADJACENT UPLANDS, THE BANK SLOPE GRADE, STABILIZING VEGETATION PLANTED ALONG THE BANK, A 3-YR MONITORING PLAN TO INCLUDE ANNUAL MONITORING REPORTS AND A CONTINGENCY PLAN, SUCCESS CRITERIA AND A TIMELINE FOR RESTORATION ACTIVITIES. EPA WILL REVIEW THE PLAN AND APPROVE IT OR PROVIDE COMMENTS ON THE PLAN TO THE RESPONDENT. IF EPA PROVIDES COMMENTS ON THE PLAN, RESPONDENT SHALL THEN SUBMIT TO EPA THE FINAL SITE RESTORATION PLAN WITH 30 DAYS OF RECEIVING EPA COMMENTS. RESPONDENT SHALL IMPLEMENT THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OF EPA'S APPROVAL.

Defendants (1)

• SLAY, HORACE, S.Named in settlement

Facilities (1)

• WETLANDS (HORACE S. SLAY)

  1011 SOUTH STATE STREET (TOWN CREEK), JACKSON, MS, 39201

  Registry ID: 110039150487

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• SLAY, HORACE S.entered 2009-05-06

  Primary law: CWA

Timeline (2 milestones)

• 2009-05-06Final Order Issued
• 2009-05-07Enforcement Action Data Entered