EPA v. HORACE SCOTT SLAY, SR.

Case summary

6/25/2013 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT. ORDER STATES: AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM ON OR ABOUT OCTOBER 10, 2006, TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY THE RESPONDENT AND/OR THOSE ACTING ON HIS BEHALF. EACH DISCHARGE BY THE RESPONDENT AND/OR THOSE ACTING ON HIS BEHALF OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, 33 U.S.C. SECTION 1344, IS A VIOLATION OF SECTION 301(a) OF THE CWA, 33 U.S.C. SECTION 1311(a). ORDER REQUIRES: WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AOC, THE RESPONDENT SHALL APPLY TO THE U.S. ARMY CORPS OF ENGINEERS ( CORPS ) FOR AFTER-THE-FACT PERMIT AUTHORIZATION FOR APPROXIMATELY 700 LINEAR FEET OF FILL MATERIAL TO REMAIN IN TOWN CREEK. RESPONDENT SHALL PROVIDE A COPY OF ITS PERMIT APPLICATION TO THE EPA WITHIN TEN DAYS OF SUBMITTAL OF SUCH TO THE CORPS. THE EPA SHALL BE PROVIDED WITH A COPY OF THE CORPS' PERMIT AUTHORIZATION, INCLUDING ANY CONDITIONS THERETO, IF GRANTED, WITHIN 30 DAYS OF ISSUANCE. IF THE RESPONDENT DOES NOT RECEIVE PERMIT AUTHORIZATION FROM THE CORPS WITHIN 6 MONTHS OF THE EFFECTIVE DATE OF THIS AOC, OR IF PERMIT AUTHORIZATION IS OBTAINED, BUT LATER REVOKED BY THE CORPS, THE RESPONDENT SHALL: 1) PROVIDE A SITE RESTORATION PLAN TO THE EPA FOR REVIEW AND APPROVAL WITHIN 30 DAYS OF EITHER THE DATE IN WHICH THE CORPS DENIED THE RESPONDENT'S PERMIT APPLICATION OR THE DATE IN WHICH THE CORPS REVOKED THE RESPONDENT'S PERMIT AUTHORIZATION; 2) THE RESTORATION PLAN SHALL INCLUDE MEASURES TO REMOVE ANY UNAUTHORIZED DREDGED OR FILL MATERIAL DEPOSITED BY THE RESPONDENT INTO WATERS OF THE UNITED STATES AND A FIVE YEAR MONITORING PLAN, INCLUDING, BUT NOT LIMITED TO, THE SUBMITTAL OF ANNUAL REPORTS DOCUMENTING SUCCESS CRITERION OF THE RESTORATION ACTIVITIES; 3) THE EPA WILL REVIEW THE RESPONDENT'S RESTORATION PLAN AND APPROVE IT OR PROVIDE COMMENTS ON THE PLAN TO THE RESPONDENT.

Defendants (1)

• HORACE SCOTT SLAY, SR. (SB)Named in settlement

Facilities (1)

• WETLANDS - HORACE SCOTT SLAY, SR.

  TOWN CREEK, JACKSON, MS, 39201

  Registry ID: 110055367339

Statutes cited

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

Enforcement conclusions (1)

• HORACE SCOTT SLAY, SR.entered 2013-06-25

  Primary law: CWA

Timeline (2 milestones)

• 2013-06-25Final Order Issued
• 2013-06-28Enforcement Action Data Entered