EPA v. JACKSON COUNTY RECREATION DEPARTMENT

Case summary

5/16/11 - ADMINISTRATIVE CONSENT AGMT AND 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 APPROX 4.6 ACRES OF WETLANDS LOCATED IN SECTION 16, TOWNSHIP 6 SOUTH, RANGE 7 WEST OFF OF BALL PARK ROAD, VANCLEAVE, JACKSON COUNTY, MS. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING SITE PREPARATION FOR THE CONSTRUCTION OF RECREATIONAL AND PARKING FACILITIES. COMMENCING ON OR ABOUT OCT 2008 TO JUNE 2009, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETALNDS ON THE SITE USING TRACKHOES, EXCAVATORS AND DOZERS DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE SITE PREPARATION FOR THE CONSTRUCTION OF RECREATIONAL AND PARKING FACILITIES. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 4.6 ACRES OF JURISDICTIONAL WETLANDS THAT ARE ADJACENT TO THE LITTLE BLUFF CREEK, WHICH IS A TRIBUTARY TO THE BLUFF RIVER, A NAVIGABLE-IN-FACT WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA 404. ORDER REQUIRES: A. RESPONDENT WILL RESTORE THE SITE IN ACCORDANCE WITH THE RESTORATION PLAN SUBMITTED JUNE 11, 2010 AND ITS ADDENDUM, SUBMITTED FEB 4, 2011. B. RESPONDENT SHALL NOTIFY EPA OF THE ANTICIPATED CONSTRUCTION START DATE FOR THE RESTORATION WITHIN 15 DAYS. RESTORATION MUST BE COMPLETED BY MARCH 1, 2012. WITHIN 30 DAYS OF COMPLETION, RESPONDENT SHALL SUBMIT A WRITTEN REPORT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE. C. SHOULD ANY PART OF THE RESTORATION WORK NOT PROCEED AS INDICATED, EPA RESERVES THE RIGHT TO REQUIRE ADD'L WORK. (iF THE RESTORED WETLANDS DO NOT REESTABLISH ACCORDING TO THE SUCCESS CRITERIA ESTABLISHED, THE CONTINGENCY PLAN SHALL BE IMPLEMENTED. D. RESPONDENT WILL PERFORM THE FOLLOWING: - REPLANT APPROX 4.6 ACRES OF WETLANDS USING NATIVE WETLAND VEGETATION THAT MIMIC REFERENCE CONDITIONS; - REMOVE INVASIVE SPECIES DURING RESTORATION WORK AND, IF NEEDED, DURING INSPECTIONS; - GRADE AND STABILIZE ADJACENT UPLAND AREAS TO PREVENT FUTURE SEDIMENTATION; - TAKE MEASURES TO PREVENT ALL-TERRAIN VEHICLE (ATV) USE WITHIN THE RESTORED WETLAND AREA; AND - INSTALL ROCK CHECK DAMS AT 4 SPECIFIED LOCATIONS WITHIN DRAINAGE DITCH ALONGSIDE ARENA ROAD FOR STORMWATER CONTROL AND MAINTENANCE OF HYDROLOGY. IMPACTS FROM THE DAMS ARE NOT TO EXCEED 50 LINEAR FEET. RESPONDENT SHALL INSPECT THE RESTORED AREA ANNUALLY FOR 5 YRS AFTER COMPLETION OF INITIAL PLANTING TO DETERMINE SUCCESS OF THE PLANTING. AT EACH INSPECTION, RESPONDENT SHALL REPLACE ENOUGH DEAD PLANTS TO ENSURE THAT AT LEAST 200 TREE STEMS PER ACRE AND 250 SHRUB STEMS PER ACRE WILL BE MAINTAINED. WITHIN 30 DAYS OF EACH OF THE ANNUAL INSPECTIONS, RESPONDENT MUST SUBMIT A REPORT TO EPA THAT INCLUDES: - DATE OF INSPECTION; - COLOR PHOTOGRAPHS; - A COUNT OF THE # OF PLANTING THAT SURVIVED; - THE # OF PLANTINGS REPLANTED (IF REQUIRED) TO REACH THE REQUIRED SURVIVAL RATE DENSITY OF 200 TREE STEMS/ACRE AND 250 SHRUB STEMS/ACRE. F. RESPONDENT SHALL APPLY FOR A CWA 404 PERMIT FROM THE CORPS WITHIN 15 DAYS OF THE EFFECTIVE DATE OF THIS CACO AND PROVIDE EPA WITH A COPY OF THE PERMIT APPLICATION WITHIN 7 DAYS OF SUBMISSION. IF THE CORPS ISSUES A PERMIT, RESPONDENT SHALL SEND EPA A COPY OF THE PERMIT WITHIN 7 DAYS OF RECEIPT. IF CORPS DENIES AUTHORIZATION FOR THE PROPOSED ROCK CHECK DAMS, RESPONDENT SHALL HAVE 15 DAYS TO PROVIDE EPA WITH AN ALTERNATIVE PLAN FOR STORMWATER CONTROL AND MAINTENANCE OF HYDROLOGY.

Defendants (1)

• JACKSON COUNTY RECREATION DEPARTMENTNamed in settlement

Facilities (1)

• JACKSON COUNTY RECREATIONAL DEPARTMENT

  BALLPARK ROAD, VANCLEAVE, MS, 39565

  Registry ID: 110041880925

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• JACKSON COUNTY RECREATION DEPARTMENTentered 2011-05-16

  Primary law: CWA

Timeline (2 milestones)

• 2011-05-16Final Order Issued
• 2011-05-25Enforcement Action Data Entered