EPA v. MISSISSIPPI DEPARTMENT OF TRANSPORTATION (MDOT)

Case summary

8/30/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $177,500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: COMMENCING ON OR ABOUT OCTOBER 2010, 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 APPROXIMAELY 2,200 LINEAR FEET OF JURISDICTIONAL WATERS WITHIN THE SOUINLOVEY CREEK AND ITS TRIBUTARIES, AS WELL AS 27 ACRES OF ABUTTING FORESTED WETLANDS, WHICH ALL FLOW INTO THE UPPER CHICKASAWHAY RIVER, A NAVIGABLE WATER OF THE UNITED STATES. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE JURISDICTIONAL WATERS OF THE UNITED STATES, ON OR ABOUT OCTOBER 2010, TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA.

Defendants (1)

• MISSISSIPPI DEPARTMENT OF TRANSPORTATION (MDOT)Named in complaintNamed in settlement

Facilities (1)

• MISSISSIPPI DEPARTMENT OF TRANSPORTATION (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 TRANSPORTATION (MDOT)entered 2012-08-30

  Primary law: CWA

  Federal penalty: $177,500

Timeline (4 milestones)

• 2012-08-30Final Order Issued
• 2012-08-30Complaint Filed/Proposed Order
• 2012-09-04Enforcement Action Data Entered
• 2012-09-28Enforcement Action Closed