EPA v. DREW ST. JOHN

Case summary

5/26/15 - 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 6.44 ACRES OF JURISDICTIONAL WETLANDS DURING ACTIVITIES ASSOCIATED WITH ESTABLISHING A WILDLIFE FOOD PLOT, A DRAINAGE DITCH, AND THE STORAGE OF SPOIL MATERIAL. THE SITE IS LOCATED IN SHARKEY COUNTY, MS. RESPONDENT, AT ALL TIMES RELEVANT TO THIS AOC, WAS THE OWNER OR OPERATOR OF THE PARCEL OF LAND, COMPRISED OF 20.44 ACRES LOCATED NORTH OF JUNK YARD RD IN SHARKEY COUNTY, MS THAT CONTAINED THE DISCHARGE AREA. COMMENCING IN OR ABOUT JUNE 2013, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLAND ON SITE USING EARTH MOVING MACHINERY DURING THE ESTABLISHMENT OF A WILDLIFE FOOD PLOT, DRAINAGE DITCH, AND STORAGE OF SPOIL MATERIAL. TO DATE, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 6.44 ACRES OF FORESDTED WETLANDS THAT ABUT AN UNNAMED TRIBUTARY, WHICH FLOWS TO DOWLING BAYOU, A NAVIGABLE-IN-FACT WATER OF THE U.S. ON JUNE 4, 2013, THE U.S. ARMY CORPS OF ENGINEERS (COE) RECEIVED AN ANONYMOUS TIP THAT AN UNAUTHORIZED DISCHARGE MAY HAVE OCCURRED AT THE SITE. ON JAN 3, 2014, RESPONDENT HIRED HEADWATER NATURAL RESOURCES CONSULTING TO DELINEATE THE WETLANDS ON-STIE AND PROPOSE A RESTORATION PLAN FOR THE IMPACTS. ON NOV 14, 2014, THE COE ISSUED A CEASE AND DESIST ORDER FOR THE 6.44 ACRES OF UNAUTHORIZED WETLAND IMPACTS. WITHIN THE ORDER, THE COE REQUIRED INTERIM CORRECTIVE MEASURES, INCLUDING PLUGGING THE DRAINAGE DITCH, TO DISCONTINUE THE DRAINAGE OF THE WETLANDS. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE ARE FROM JUNE 2013 TO PRESENT DID RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA AUTHORIZING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL BY RESPONDENT. AGREEMENT: A. RESPONDENT SHALL RESTORE THE 6.44 ACRES OF IMPACTED WETLANDS FOLLOWING THE PROPOSED RESTORATION PLAN SUBMITTED BY HEADWATERS NATURAL RESOURCES CONSULTING; B. RESPONDENT WILL SUBMIT A MONITORING PLAN WITHIN 30 DAYS OF THE INITIAL PLANTING; C. RESPONDENT SHALL SUBMIT YEARLY MONITORING REPORTS TO EPA FOR 5 YRS NO LATER THAN DEC 31ST ANNUALLY. FINAL REPORT AND TERMINATION OF AOC: WITHIN 30 CALENDAR DAYS AFTER RESPONDENT HAS FULLY COMPLETED AND IMPLEMENTED THE ACTIONS REQUIRED BY THIS AOC, RESPONDENT SHALL SUBMIT FOR EPA'S REVIEW AND APPROVAL A FINAL REPORT THAT INCLUDES: (a) DESCRIPTION OF ALL OF THE ACTION WHICH HAVE BEEN TAKEN TOWARD ACHIEVING COMPLIANCE WITH THIS AOC; (b) AN ASSESSMENT OF THE EFFECTIVENESS OF SUCH ACTIONS; AND (c) AN ANALYSIS OF WHETHER ADD'L ACTIONS BEYOND THE SCOPE OF THIS AOC ARE NECESSARY TO FURTHER COMPLY WITH THE CWA AND THIS AOC. IF EPA DETERMINES THAT ANY REQUIREMENT HAS NOT BEEN COMPLETED AND IMPLEMENTED IN ACCORDANCE WITH THIS AOC, EA WILL NOTIFY RESPONDENT, PROVIDE A LIST OF DEFICIENCIES AND MAY REQUIRE RESPONDENT TO MODIFY ITS ACTIONS AS APPROPRIATE IN ORDER TO CORRECT SUCH DEFICIENCIES. IF SO REQUIRED, RESPONDENT SHALL IMPLEMENT THE MODIFIED AND APPROVED REQUIREMENT(S) AND SUBMIT A MODIFIED FINAL REPORT IN ACCORDANCE WITH THE EPA NOTICE. FAILURE TO IMPLEMENT ANY OF THE MODIFIED REQUIREMENTS SHALL BE A VIOLATION OF THIS AOC.

Defendants (1)

• DREW ST. JOHNNamed in settlement

Facilities (1)

• WETLANDS (DREW ST. JOHN)

  NORTH OF JUNK YARD ROAD, ANGUILLA, MS, 38721

  Registry ID: 110064510934

Statutes cited

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

Enforcement conclusions (1)

• DREW ST. JOHNentered 2015-05-26

  Primary law: CWA

Timeline (2 milestones)

• 2015-05-26Final Order Issued
• 2015-07-07Enforcement Action Data Entered