EPA v. JACKSON COUNTY RECREATION DEPARTMENT

Case summary

9/26/2013 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $27,350. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROXIMATELY 4.6 ACRES OF JURISDICTIONAL WETLANDS THAT ADJACENT TO THE LITTLE BLUFF CREEK, WHICH IS A TRIBUTARY TO THE BLUFF RIVER, A NAVIGABLE WATER OF THE UNITED STATES. RESPONDENT'S PLACEMENT OF THE DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA CONSTITUES A DISCHARGE OF POLLUTANTS AS DEFINED UNDER THE CWA SECTION 502(12), 33 U.S.C. SECTION 1362(12). AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL BY RESPONDENT. RESPONDENT VIOLATED SECTION 301 OF THE CWA, BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT.

Defendants (1)

• JACKSON COUNTY RECREATION DEPARTMENTNamed in complaintNamed in settlement

Facilities (1)

• JACKSON COUNTY RECREATION DEPARTMENT

  BALLPARK ROAD, VANCLEAVE, MS, 39565

  Registry ID: 110045457705

Statutes cited

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

Enforcement conclusions (1)

• JACKSON COUNTY RECREATION DEPARTMENTentered 2013-09-26

  Primary law: CWA

  Federal penalty: $27,350

Timeline (4 milestones)

• 2013-09-26Complaint Filed/Proposed Order
• 2013-09-26Final Order Issued
• 2013-09-28Enforcement Action Data Entered
• 2013-11-04Enforcement Action Closed