EPA v. JENNINGS, RALPH B.

Case summary

12/8/2009 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S., INCLUDING MECHANIZED LAND CLEARING, DEPOSITION OF FILL INTO THE FISH RIVER, THE EXCAVATION OF BOTTOM MATERIAL FROM AN OXBOW TO THE FISH RIVER AND DEPOSITION OF THAT MATERIAL AS FILL IN ADJACENT WETLANDS. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING DEVELOPMENT OF LAND LYING ADJACENT TO FISH RIVER. RESPONDENT AT ALL TIMES RELEVANT TO THIS ORDER WAS THE OWNER AND OPERATOR OF THE PARCEL OF LAND LOCATED AT 12642 CLAY CITY ROAD, FAIRHOPE, AL, THAT CONTAINED THE DISCHARGE AREA. COMMENCING ON OR ABOUT MAY 2009 TO PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH MECHANIZED LAND CLEARING, DEPOSITION OF FILL INTO THE FISH RIVER, THE EXCAVATION OF BOTTOM MATERIAL FROM AN OXBOW TO THE FISH RIVER AND DEPOSITION OF THAT MATERIAL AS FILL IN ADJACENT WETLANDS. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM MAY 2009 TO PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER CWA SEC 404, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. ORDER REQUIRES: IMMEDIATELY, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL INTO WATERS OF THE U.S. WITHIN 48 HOURS, RESPONDENT WILL NOTIFY EPA WHETHER OR NOT RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. WITHIN 60 DAYS, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA FOR REVIEW AND APPROVAL. PLAN SHOULD INCLUDE MEASURE TO ACCOMPLISH THE FOLLOWING: A) STABILIZE THE DISCHARGE AREA USING APPROPRIATE BEST MANAGEMENT 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 ARE. THE RESTORATION PLAN SHOULD INCLUDE THE FOLLOWING COMPONENTS: RESTORATION METHOD, TIMING, VEGETATION TO BE REESTABLISHED, SUCCESS CRITERIA FOR MONITORING, AND A MONITORING PERIOD. EPA WILL REVIEW THE PLAN AND APPROVE IT OR PROVIDE COMMENTS ON THE PLAN TO RESPONDENT. IF EPA PROVIDES COMMENTS, RESPONDENT SHALL THEN SUBMIT TO EPA THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OF RECEIVING EPA COMMENTS. RESPONDENT SHALL IMPLEMENT THE FINAL SITE RESTORATION PLAN WITH 30 DAYS OF EPA'S APPROVAL.

Defendants (1)

• JENNINGS, RALPH B.Named in settlement

Facilities (1)

• WETLANDS (JENNINGS RESIDENCE)

  12642 CLAY CITY ROAD, FAIRHOPE, AL, 36532

  Registry ID: 110040416127

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• JENNINGS, RALPH B.entered 2009-12-08

  Primary law: CWA

Timeline (2 milestones)

• 2009-12-08Final Order Issued
• 2009-12-22Enforcement Action Data Entered