EPA v. JOINT DEVELOPMENT AUTHORITY OF JEFF DAVIS COUNTY, HAZLEHURST & DENTON, GA (HAZLEHURST WOOD PELLETS M

Case summary

4/8/14 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 2.795 ACRES OF FORESTED WETLANDS ADJACENT TO AN UNNAMED TRIBUTARY TO THE SATILLA RIVER ON PROPERTY LOCATED SOUTH OF U.S. HWY 341, ON THE NORTH SIDE OF HULETTE WOOTEN FARMS ROAD, SOUTHEAST OF THE CITY OF HAZLEHURST, IN JEFF DAVIS COUNTY, GA. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A WOOD PELLET PLANT. THE RESPONDENT AT ALL TIMES RELEVANT TO THIS AOC WAS THE OWNER AND/OR OPERATOR OF THE PARCEL OF LAND LOCATED SOUTH OF U.S. HWY 341, ON THE NORTH SIDE OF HULETT WOOTEN FARMS ROAD, SOUTHEAST OF THE CITY OF HAZLEHURST, IN JEFF DAVIS COUNTY, GEORGIA THAT CONTAINED THE DISCHARGE AREA. COMMENCING ON OR ABOUT OCT 1, 2013, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A WOOD PELLET PLANT. CURRENTLY, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 2.795 ACRES OF FORESTED WETLANDS ADJACENT TO AN UNNAMED TRIBUTARY TO THE SATILLA RIVER. THE DISCHARGED DREDGED AND/OR FILL MATERIAL, INCLUDING TREE STUMPS AND EARTHEN MATERIAL DEPOSITED AT THE DISCHARGE AREA, ARE POLLUTANTS AS DEFINED UNDER SECTION 502(6) OF THE CWA. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM ON OR ABOUT OCT 1, 2013, TO THE PRESENT, DID RESPONDENT POSSESS A PERMIT UNDER CWA 404 AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL BY RESPONDENT. ORDER REQUIRES: RESPONDENT AGREES TO PERFORM THE FOLLOWING: A. WITHIN 30 DAYS, RESPONDENT SHALL RESTORE WETLAND IMPACTS 2, 3, 4, AND 5 IDENTIFIED IN EXHIBIT C OF THE AOC. RESTORATION MEASURES SHALL INCLUDE: - THE REMOVAL OF ALL EARTHEN AND WOODY MATERIAL DEPOSITED IN THE WETLAND AREAS; - AN HERBACEOUS WETLAND SEED MIX BROADCAST OVER THE AFFECTED WETLANDS AREAS TO RE-VEGETATE AND STABILIZE THE IMPACTED WETLANDS; AND - ANY ADDITIONAL EROSION CONTROL MEASURES NEEDED TO STABLIZE THE AFFECTED WETLANDS AND PREVENT SEDIMENTATION OF ADJACENT WETLAND AREAS. WITHIN 20 DAYS OF WETLAND RESTORATION, RESPONDENT SHALL SEND TO EPA A REPORT DOCUMENTING THE SUCCESS OF THE SITE RESTORATION WITH ACCOMPANYING PICTURES. WITHIN 45 DAYS, RESPONDENT SHALL APPLY TO THE U.S. ARMY CORPS OF ENGINEERS OFTHE CWA, SECTION 404 PERMIT TO AUTHROIZE THE REMAINING WETLAND IMPACTS, IDENTIFIED AS WETLAND IMPACT 1 ON EXHIBIT C, OR ANTICIPATED WETLAND IMPACTS IN ASSOCIATION WITH THE CONSTRUCTION OF THE WOOD PELLET MILL.

Defendants (3)

• DENTON, GEORGIANamed in settlement
• JOINT DEVELOPMENT AUTHORITY OF JEFF DAVIS COUNTYNamed in settlement
• HAZLEHURST, GEORGIANamed in settlement

Facilities (6)

• JEFF DAVIS WOOD PELLETS (AKA HAZLEHURST WOOD PELLETS MILL)

  430 HULETT WOOTEN ROAD, HAZLEHURST, GA, 31539

  Registry ID: 110055600096

• JEFF DAVIS WOOD PELLETS (AKA HAZLEHURST WOOD PELLETS MILL)

  430 HULETT WOOTEN ROAD, HAZLEHURST, GA, 31539

  Registry ID: 110055600096

• JEFF DAVIS WOOD PELLETS (AKA HAZLEHURST WOOD PELLETS MILL)

  430 HULETT WOOTEN ROAD, HAZLEHURST, GA, 31539

  Registry ID: 110055600096

• JEFF DAVIS WOOD PELLETS (AKA HAZLEHURST WOOD PELLETS MILL)

  430 HULETT WOOTEN ROAD, HAZLEHURST, GA, 31539

  Registry ID: 110055600096

• JEFF DAVIS WOOD PELLETS (AKA HAZLEHURST WOOD PELLETS MILL)

  430 HULETT WOOTEN ROAD, HAZLEHURST, GA, 31539

  Registry ID: 110055600096

• JEFF DAVIS WOOD PELLETS (AKA HAZLEHURST WOOD PELLETS MILL)

  430 HULETT WOOTEN ROAD, HAZLEHURST, GA, 31539

  Registry ID: 110055600096

Statutes cited

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

Enforcement conclusions (1)

• JOINT DEVELOPMENT AUTHORITY OF JEFF DAVIS COUNTY, HAZLEHURST & DENTON, GA (HAZLEHURST WOOD PELLETS Mentered 2014-04-08

  Primary law: CWA

Timeline (2 milestones)

• 2014-04-08Final Order Issued
• 2014-05-08Enforcement Action Data Entered