EPA v. G & C CONSTRUCTION, LLC (aka TOMMY COBB)

Case summary

G & C Construction, LLC (“G & C”) is the owner of and operator of the parcel of land, comprised of approximately 207.56 acres located east of McGregor Road in Vancleave, Jackson County, Mississippi, designated as Jackson County Parcel No. 02303010.000. Beginning in or about December 2009, G & C discharged fill material to jurisdictional wetlands on the property without having first obtained a valid Clean Water Act Section 404 Permit. The discharge impacted approximately 5.3 acres of jurisdictional wetlands abutting an unnamed perennial tributary of Moungers Creek, flowing into Bluff Creek, a navigable water of the United States. On September 14, 2010, the EPA issued G & C an Administrative Compliance Order, Docket No. CWA-04-2010-5805, directing G & C to, inter alia, cease any unauthorized discharge of dredged or fill material, and to submit a Site restoration plan for EPA review and approval. To date, the Site has not been adequately restored. On June 10, 2013, the United States Department of Justice filed a proof of claim on behalf of the EPA in G & C’s Chapter 11 Bankruptcy case in the United States Bankruptcy Court for the Southern District of Mississippi with respect to all injunctive and regulatory obligations of G & C, including restoration or mitigation of impacts to certain waters of the United States causing by G & C’s unpermitted discharge of fill materials into jurisdictional wetlands.

Defendants (2)

• G & C CONSTRUCTION, LLCNamed in complaint
• COBB, TOMMYNamed in complaint

Facilities (1)

• WETLANDS (TOMMY COBB/G&C CONSTRUCTION, LLC)

  EAST OF MCGREGOR ROAD, VANCLEAVE, MS, 39565

  Registry ID: 110042351923

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Timeline (4 milestones)

• 2013-05-22Referred To Dept Of Justice
• 2013-05-30Enforcement Action Data Entered
• 2013-06-10Complaint Filed With Court
• 2018-02-28Enforcement Action Closed