EPA v. ROUNDTREE & ASSOCIATES

Case summary

8/3/11 - CONSENT AGMT AND COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF FILL MATERIAL INTO JURISDICTION WETLANDS AND WATERSF O THE U.S. INCLUDING APPROX 4 ACRES OF WETLANDS LOCATED ADJACENT TO THE STENNIS INTERNATIONAL AIRPORT NORTHEAST OF THE JUNCTION OF ROSCOE TANNER ROAD AND FRED AND AL KEY ROAD. THE DEPOSITION OF FILL MATERIAL OCCURRED DURING THE PREPARATION OF A DRILL SITE FOR A WELL. COMMENCING ON OR ABOUT JULY 12, 2010 AND CEASING ON JULY 16, 2010, RESPONDENT DISCHARGED FILL MATERIAL INTO WETLANDS ON THE DISCHARGE AREA USING DUMP TRUCKS AND BULLDOZERS, DURING UNAUTHORIZED ACTIVITES ASSOCIATED WITH THE PREPARATION OF AN OIL AND GAS DRILLING SITE. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 4 ACRES OF WETLANDS THAT ARE ADJACENT TO THE JOURDAN RIVER. AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA 404. THEREFORE, RESPONDENT VIOLATED CWA 301 BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT. ORDER REQUIRES: RESPNDENT WILL RESTORE THE DISCHARGE AREA IN ACCORDANCE WITH THE RESTORATION AND MONITORING PLAN SUBMITTED APR 12, 2011 BY PROJECT CONSULTING SERVICES, INC., ON BEHALF OF RESPONDENT. SITE RESTORATION MUST BE COMPLETED BY SEPT 30, 2012. WITHIN 20 DAYS OF COMPLETION, RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE. RESPONDENT SHALL INSPECT THE RESTORED AREA IN ACCORDANCE WITH RESTORATION AND MONITORING PLAN. WITHIN 20 DAYS OF THE FINAL INSPECTION, RESPONDENT MUST SUBMIT A REPORT TO EPA THAT INCLUDES: (1) DATE OF INSPECTION; (2) COLOR PHOTOGRAPHS FROM THE SAME LOCATIONS; (3) COUNT OF THE NUMBER OF PLANTINGS THAT SURVIVED.

Defendants (1)

• ROUNDTREE & ASSOCIATESNamed in settlement

Facilities (1)

• WETLANDS (ROUNDTREE & ASSOCIATES)

  NORTHEAST OF ROSCOE TURNER FRED AND AL KEY ROAD, KILN, MS, 39556

  Registry ID: 110044226986

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• ROUNDTREE & ASSOCIATESentered 2011-08-03

  Primary law: CWA

Timeline (2 milestones)

• 2011-08-03Final Order Issued
• 2011-09-20Enforcement Action Data Entered