EPA v. BRENDA MASSEY IMPOUNDMENT

Case summary

9/14/11 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. THE ACO PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. IMPACTING APPROX 9,464 LINEAR FEET OF UNNAMED TRIBUTARIES TO PREE CREEK AND 1.18 ACRES OF ASSOCIATED ABUTTING WETLANDS. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE CONSTRUCTION OF A 17-ACRE LAKE. ON OR ABOUT MAY 2010, THE ARMY COE WAS NOTIFIED THAT MASSEY DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISIDICTIONAL WETLANDS AND WATERS INTO THE DISCHARGE AREA ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A DAM TO CREATE A 17-ACRE LAKE. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM MAY 2010 TO PRESENT DID MASSEY POSSESS A PERMIT ISSUED PURSUANT TO CWA 404. ORDER REQUIRES: A. IMMEDIATELY CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED AND/OR FILL MATERIAL. B. WITHIN 48 HOURS, MASSEY AND/OR HER AUTHORIZED REP SHALL NOTIFY EPA WHETHER OR NOT MASSEY INTENDS TO COMPLY WITH THIS ACO. C. WITHIN 30 DAYS, MASSEY AND/OR HER AUTHORIZED REP SHALL PROVIDE A RESTORATION PLAN TO EPA FOR REVIEW AND APPROVAL. D. IF EPA PROVIDE COMMENTS ON THE RESTORATION PLAN, MASSEY AND/OR HER AUTHORIZED REP SHALL ADDRESS ALL THE COMMENTS AND SUBMIT TO EPA A REVISED RESTORATION PLAN WITHIN 30 DAYS. E. MASSEY SHALL BEGIN IMPLEMENTATION OF THE APPROVED RESTORATION PLAN WITHIN 30 DAYS OF EPA'S APPROVAL.

Defendants (1)

• MASSEY, BRENDANamed in settlement

Facilities (1)

• BRENDA MASSEY IMPOUNDMENT

  EAST OF MERRILL ROAD, LUCEDALE, MS, 39452

  Registry ID: 110044229509

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• BRENDA MASSEY IMPOUNDMENTentered 2011-09-14

  Primary law: CWA

Timeline (2 milestones)

• 2011-09-14Final Order Issued
• 2011-09-15Enforcement Action Data Entered