EPA v. DOUGLASVILLE, GA, CITY OF - HUNTER PARK

Case summary

7/25/12 - ADMINISTRATIVE CONSENT AGREEMENT AND COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE CHANNELIZATION AND MODIFICATION OF THE HEADWATER OF ANNEEWAKEE CREEK. TEH UNAUTHORIZED IMPACTS INTO JURISDICTIONAL WATERS OF THE U.S. INCLUDED APPROX 400 LINEAR FEET OF THE TRIBUTARY LOCATED IN HUNTER PARK, CITY OF DOUGLASVILE, DOUGLAS COUNTY, GA. THE CITY OF DOUGLASVILLE AT ALL TIMES RELEVANT TO THIS ORDER WAS OPERATOR OF HTE PARCEL OF LAND CALLED HUNTER PARK, LOCATED AJDACENT TO GURLEY ROAD IN DOUGLAS COUNTY, GA. COMMENCING ON OR ABOUT MAY 2011 TO THE PRESENT, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO A TRIBUTARY ON THE SITE USING EARTH MOVING MACHINERY IN CONNECTION WITH STREAM CHANNELIZATION ACTIVITIES. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 400 LINEAR FEET OF THE HEADWATERS OF ANNEEWAKEE CREEK. ANNEEWAKEE CREEK IS A TRIBUTARY OF THE CHATTAHOOCHEE RIVER, A TRADITIONAL NAVIGABLE WATER OF THE U.S. AT NO TIMES DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM MAY 2011 TO THE PRESENT, DID RESPONDENT POSSESS A PERMIT UNDER CWA 404, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. EACH DISCHARGE BY RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER CWA 404 OF THE CWA IS A VIOLATION OF CWA 301(a). RESPONDENT HAS VIOLATED CWA 301 BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT. RESPONDENT AGREES TO THE FOLLOWING: A. RESTORATION OF THE IMPACTED TRIBUTARY IN ACCORDANCE WITH THE RESTORATION PLAN (ATTACHED TO ORDER), SUBMITTED OT EPA ON FEB 15, 2012. ATTACHMENT A INCLUDES RESTORATION OF 400 LINEAR FEET OF THE HEADWATERS OF ANNEWAKEE CREEK. B. RESPONDENT SHALL PERFORM RESTORATION WORK PER THE SCHEDULE PROVIDED IN ATTACHMENT A. WITHIN 30 DAYS AFTER COMPLETION OF THE RESTORATION WORK, RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE. C. RESPONDENT SHALL PERFORM MONITORING ACTIVITIES AS DETAILED IN ATTACHMENT A. ANNUAL MONITORING REPORTS WILL BE SUBMITTED NO LATER THAN NOV 30 OF 2012, 2013, AND 2014.

Defendants (1)

• DOUGLASVILLE, GA, CITY OF - HUNTER PARKNamed in complaintNamed in settlement

Facilities (1)

• HUNTER PARK

  GURLEY ROAD, DOUGLASVILLE, GA, 30135

  Registry ID: 110044223168

Statutes cited

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

Enforcement conclusions (1)

• DOUGLASVILLE, GA, CITY OF - HUNTER PARKentered 2012-07-25

  Primary law: CWA

Timeline (2 milestones)

• 2012-07-25Final Order Issued
• 2012-07-31Enforcement Action Data Entered