EPA v. SOILEAU, JR., WARREN

Case summary

2/6/14 - ADMINISTRATIVE COMPLAINT FOR CLASS PENALTY UNDER 309(g)(B) OF THE CWA. ALLEGATIONS: AT ALL TIMES RELEVANT TO THIS COMPLAINT, RESPONDENT WAS THE OWNER OR OPERATOR OF A TRACT OF LAND LOCATED AT 35 NEW RIVER ROAD IN TYLERTOWN, MS. SOMETIME IN 2008, RESPONDENT SOLD THE PROPERTY TO CRAIG ANTHONY GASPARD. RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, USED EARTH MOVING MACHINERY DURING ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A CRAWFISH IMPOUNDMENT. RESPONDENT'S ACTIVITIES AT THE SITE COMMENCED ON OR ABOUT MARCH 2009 AND THE FILL REMAINS IN PLACE TO THE PRESENT. RESPONDENT'S ACTIVITIES AT THE SITE IMPACTED APPROX 12.1 ACRES OF WETLANDS AT THE SITE THAT ARE ADJACENT TO THE BOGUE CHITTO RIVER. THE DISCHARGE INVOLVED MECHANICAL LAND CLEARING, INCLUDING STUMP REMOVAL, AND PLACEMENT OF FILL TO CONSTRUCT A DAM AND BUILD UP LOW AREAS AROUND THE IMPOUNDMENT. THE BOGUE CHITTO RIVER IS A SECTION 10 WATER OF THE U.S AND A NAVIGABLE WATER OF THE U.S. PRIOR TO RESPONDENT'S ACTIVITIES, THE 12.1 ACRES OF BOTTOMLAND HARDWOOD WETLANDS WERE DEFINED AS A WATER OF THE U.S. WITHIN THE MEANING OF SECTION 502(7) OF THE CWA. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE WETLANDS AT THE SITE FROM MARCH 2009 TO THE PRESENT DID RESPONDENT POSSESS A PERMIT ISSUED PURSUANT TO CWA 404 AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT.

Defendants (1)

• SOILEAU, JR., WARRENNamed in complaint

Facilities (1)

• WETLANDS (SOILEAU PROPERTY)

  35 NEW RIVER ROAD, TYLERTOWN, MS, 39667

  Registry ID: 110041208190

Statutes cited

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

Timeline (2 milestones)

• 2014-02-06Complaint Filed/Proposed Order
• 2014-02-20Enforcement Action Data Entered