EPA v. SOILEAU, JR., WARREN

Case summary

3/16/10 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. INCLUDING A PORTION OF THE BOGUE CHITTO RIVER, AN ASSOCIATED PERENNIAL TRIBUTARY, AND WETLANDS DIRECTLY ABUTTING THE TRIBUTARY. THE SITE IS LOCATED ALONG NEW RIVER ROAD IN TYLERTOWN, WALTHALL COUNTY, MS. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING CONSTRUCTION OF A CRAWFISH POND, A BASS POND, AND PURPORTED BANK STABILIZATION ACTIVITIES (WITH RESPECT TO IMPACTS ALONG THE BOGUE CHITTO RIVER). COMMENCING ON OR ABOUT APRIL 2009 TO THE PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS ON THE SITE USING EARTH MOVING MACHINERY DURING POND CONSTRUCTION, MECHANICAL LAND CLEARING, AND PURPORTED BANK STABILIZATION ACTIVITIES. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 375 LINEAR FEET ALONG THE BOGUE CHITTO RIVER, APPROX 30 LINEAR FEET OF PERENNIAL STREAM, AND APPROX 17.5 ACRES OF WETLANDS ON THE SUBJECT PROPERTY. AT NO TIME DURING THE DISCHARGE DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA. 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 INTENDES TO COMPLY WITH THIS ORDER. WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA. THE PLAN SHOULD INCLUDE MEASURES TO ACCOMPLISH THE FOLLOWING: (A) STABILIZE THE DISCHARGE AREA USING APPROPRIATE BEST MGMT PRACTICCES; (B) RESTORATION OF THE IMPACTED REACHES OF THE BOGUE CHITTO RIVER, THE PERENNIAL TRIBUTARY, AND ITS ASSOCIATED WETLANDS, AS WELL AS THE REMOVAL OF DAMS AND RESTORATION OF THE FOOTPRINT OF THE PONDS AND DAMS; AND (C) PROVIDE A SCHEDULE FOR IMPLEMENTATION. EPA WILL REVIEW THE PLAN AND 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'S COMMENTS. RESPONDENT SHALL IMPLEMENT THE FINAL RESTORATION PLAN WITHIN 30 DAYS OF EPA'S APPROVAL OF THE PLAN AND COMPLETE SITE RESTORATION WITHIN 60 DAYS OF THE PLAN IMPLEMENTATION.

Defendants (1)

• SOILEAU, JR., WARREN (SB)Named in settlement

Facilities (1)

• WETLANDS (SOILEAU PROPERTY)

  35 NEW RIVER ROAD, TYLERTOWN, MS, 39667

  Registry ID: 110041208190

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• SOILEAU, JR., WARRENentered 2010-03-16

  Primary law: CWA

Timeline (2 milestones)

• 2010-03-16Final Order Issued
• 2010-03-30Enforcement Action Data Entered