EPA v. MISSISSIPPI DEPARTMENT OF TRANSPORTATION

Case summary

3/24/2011 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: COMMENCING ON OR ABOUT OCTOBER 2010 TO THE PRESENT, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO STREAMS AND WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING THE COURSE OF A ROAD IMPROVEMENT PROJECT. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED TRIBUTARIES TO SOUENLOVIE CREEK AND ABUTTING FORESTED WETLANDS, FLOWING INTO THE UPPER CHICKASWHAY RIVER, A NAVIGABLE WATER OF THE UNITED STATES. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM OCTOBER 2010 TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. ORDER REQUIRES: IMMEDIATELY UPON RECEIPT OF THIS ORDER, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL , AS DEFINED BY 40 CFR SECTION 232.2, INTO WATER OF UNITED STATES. WITHIN 48 HOURS OF RECEIVING THIS ORDER, THE RESPONDENT WILL NOTIFY THE EPA REPRESENTATIVE WHETHER OR NOT THE RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. IN THE EVENT THAT RESPONDENT'S COMPLIANCE WITH ANY STATE OR LOCAL REQUIREMENT CONFLICTS WITH THE TERMS OF THIS ORDER, RESPONDENT IS DIRECTED TO DISCUSS SUCH CONFLICT WITH THE EPA REPRESENTATIVE. WITHIN 30 DAYS FROM RECEIPT OF THIS ORDER, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA. THE PLAN SHOULD INCLUDE MEASURES TO ACCOMPISH THE FOLLOWING: A) STABILIZE THE DISCHARGE AREA USING APPROPRIATE BEST MANAGEMENT PRACTICES, B) RESTORE THE IMPACTED WETLANDS, 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, THE 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 PLAN IMPLEMENTATION.

Defendants (1)

• MISSISSIPPI DEPARTMENT OF TRANSPORTATIONNamed in settlement

Facilities (1)

• MDOT

  S.R. 513, ROSE HILL, MS, 39330

  Registry ID: 110043473871

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• MISSISSIPPI DEPARTMENT OF TRANSPORTATIONentered 2011-03-24

  Primary law: CWA

Timeline (2 milestones)

• 2011-03-24Final Order Issued
• 2011-03-30Enforcement Action Data Entered