EPA v. LONG COUNTY, GA, BOARD OF EDUCATION

Case summary

9/25/17 - THIS AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS AND WATERS OF THE U.S. INCLUDING APPROX 1.4 ACRES OF WETLANDS ADJACENT TO AN UNNAMED TRIBUTARY OF DOCTORS CREEK. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE CONSTRUCTION OF A NEW SCHOOL. DOCTORS CREEK IS A PERENNIAL TRIBUTARY OF THE ALTAMAHA RIVER, A TRADITIONALLY NAVIGABLE WATER OF THE U.S. AT ALL TIMES RELEVANT TO THIS AOC, RESPONDENT WAS THE OWNER AND/OR OPERATOR OF A TRACT OF LAND LOCATED JUST EAST OF LUDOWICI, GA, BETWEEN HIGHWAY 38 AND ELIM CHURCH ROAD NORTHEAST, IN LONG COUNTY, GA THAT CONTAINS THE DISCHARGE AREA. COMMENCING ON OR ABOUT APRIL 2016 TO THE PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A NEW SCHOOL. TO DATE, THE DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 1.4 ACRES OF WETLANDS ADJACENT TO AN UNNAMED TRIBUTARY OF DOCTORS CREEK, A TRIBUTARY OF ALTAMAHA RIVER, A TRADITIONALLY NAVIGABLE WATER OF THE U.S. AGREEMENT: A. RESPONDENT SHALL RESTORE THE SITE IN ACCORDANCE WITH THE RESTORATION PLAN SUBMITTED TO EPA BY CUSHMAN CONSULTING GROUP, LLC, IN FEB 2017. B. WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS AOC, RESPONDENT SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND SCHEDULE AN INSPECTION OF THE RESTORED SITE.

Defendants (1)

• LONG COUNTY, GA, BOARD OF EDUCATIONNamed in settlement

Facilities (1)

• LONG COUNTY SCHOOLS 09082016

  STATE ROUTE 38, LUDOWICI, GA, 31316

  Registry ID: 110069554921

Statutes cited

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

Enforcement conclusions (1)

• LONG COUNTY, GA, BOARD OF EDUCATIONentered 2017-09-25

  Primary law: CWA

Timeline (2 milestones)

• 2017-09-25Final Order Issued
• 2017-09-28Enforcement Action Data Entered