EPA v. MORRIS GRAY

Case summary

2/18/10 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE U.S., INCLUDING MECHANIZED LAND CLEARING AND THE DEPOSITION OF FILL MATERIAL IN FORESTED WETLANDS LYING ADJACENT TO THE PEARL RIVER. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED IN CONNECTION WITH LAND DEVELOPMENT AND THE DISPOSAL OF EXCAVATED MATERIAL FROM OFFSITE CONSTRUCTION AREAS. RESPONDENT AT ALL TIMES RELEVANT TO THS ORDER, WAS THE OWNER AND OPERATOR OF THE PARCEL OF LAND LOCATED NW OF THE INTERSECTION OF HIGHWAYS 80 AND 55 IN THE CITY OF FLOWOOD, RANKIN COUNTY, MISSISSIPI, THAT CONTAINED THE DISCHARGE AREA. COMMENCING ON OR ABOUT OCT 2008 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 LAND DEVELOPMENT AND THE DISPOSAL OF EXCAVATED MATERIAL FROM OFFSITE CONSTRUCTION AREAS. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 2.5 ACRES OF FORESTED WETLANDS LYING ADJACENT TO THE PEARL RIVER. AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA SECTION 404. ORDER REQUIRES: IMMEDIATELY, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL. 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. THE PLAN SHOULD INCLUDE MEASURES TO ACCOMPLISH THE FOLLOWING: (1) 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 AREA. THE RESTORATION PLAN, WHICH WILL BE SITE SPECIFIC, 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 THE RESPONDENT. 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. RESPONDENT SHALL IMPLEMENT THE FINAL SITE RESTORATION PLAN WITHIN 30 DAYS OF EPA'S APPROVAL.

Defendants (1)

• GRAY, MORRISNamed in settlement

Facilities (1)

• WETLANDS (MORRIS GRAY)

  HIGHWAY 80 AT I-55, FLOWOOD, MS, 39232

  Registry ID: 110041194917

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• MORRIS GRAYentered 2010-02-18

  Primary law: CWA

Timeline (2 milestones)

• 2010-02-18Final Order Issued
• 2010-02-23Enforcement Action Data Entered