EPA v. FJT, LLC, SOUTH MADISON DEVELOPMENT INC., HAWKINS, THOMAS M.

Case summary

12/21/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: COMMENCING ON OR ABOUT JULY 2009 TO THE PRESENT, RESPONDENTS, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY IN CONNECTIN WITH DITCHING ACTIVITIES INTENDED TO DRAIN INUNDATED AREAS OF THE SITE. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM JUNE 2006 TO THE PRESENT, DID THE RESPONDENTS POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENTS. THEREFORE, RESPONDENTS HAVE VIOLATED SECTION 301 OF THE CWA.

Defendants (4)

• MOZINGO, JAMES R.
• FJT, LLC (SB)Named in settlement
• PUCYLOWSKI, J, FRANK
• HARKINS, THOMAS M. JR.

Facilities (1)

• WETLANDS (FJT, LLC AND SOUTH MADISON DEVELOPMENT, INC.)

  EAST OF CLARKDELL ROAD AND SAGEFIELD DRIVE, CANTON, MS, 39046

  Registry ID: 110040412933

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• FJT, LLC, SOUTH MADISON DEVELOPMENT INC., HAWKINS, THOMAS M.entered 2009-12-21

  Primary law: CWA

Timeline (2 milestones)

• 2009-12-21Final Order Issued
• 2009-12-29Enforcement Action Data Entered