EPA v. MASSEY, BRENDA

Case summary

2/2/21 - COMPLAINT LODGED BY THE COURTS - DEFENDANT BRENDA MASSEY 1/14/21 - COMPLAINT FILED WITH THE COURTS - DEFENDANT BRENDA MASSEY The Consent Decree addresses Clean Water Act (CWA) violations by Hattiesburg with respect to its publicly-owned treatment works in Mississippi, including numerous sanitary sewer overflows (SSOs) and violations of its National Pollutant Discharge Elimination System (NPDES) permit as a result of its failure to properly operate and maintain its Wastewater Collection and Transmission Systems (WCTS). Hattiesburg estimates that it will spend approximately $45 million over approximately 16 years (196 months) to complete the injunctive relief and bring its operations into compliance with the CWA. In addition to these compliance costs, the Consent Decree also requires Hattiesburg to pay a civil penalty of $165,600, to be divided equally between the United States and the State of Mississippi. The Consent Decree also includes a Supplemental Environmental Project (SEP) valued at $220,800, which will result in the reduction of extraneous flows entering the WCTS through defective private laterals and through illicit connections from residential properties the owners of which face financial hardship. 8/18/18 - REFERRAL TO DOJ. DEFENDANT BUILT AN UNPERMITTED DAM IN A PERENNIAL TRIBUTARY OF PREE CREEK. PREE CREEK IS ITSELF A PERENNIAL STREAM, WHICH FLOWS INTO THE PASCAGOULA RIVER, A TRADITIONAL NAVIGABLE WATER. THE DAM CONVERTED OVER 9,000 LINEAR FEET OF MOSTLY PERENNIAL TRIBUTARIES ON DEFENDANT'S PROPERTY INTO A LARGE LAKE AND INUNDATED MORE THAN AN ACRE OF FORESTED WETLANDS. DEFENDANT DID NOT HAVE THE NECESSARY CWA SECTION 404 PERMIT FOR DISCHARGING DREDGED AND/OR FILL MATERIAL INTO THE TRIBUTARY, AND THEREBY VIOLATED SECTION 301(a) OF THE CWA FOR DISCHARGING A POLLUTANT INTO A WATER OF THE U.S. WITHOUT A PERMIT. ONE INDIVIDUAL, BRENDA MASSEY. NATURE OF RELIEF REQUESTED: SITE RESTORATION. 7/11/19 - AMENDED REFERRAL SENT TO DOJ. DEFENDANT BUILT AN UNPERMITTED DAM INA PERENNIAL TRIBUTARY OF PREE CREEK. PREE CREEK IS ITSELF A PERENNIAL STREAM, WHICH FLOWS INTO THE PASCAGOULA RIVER, A TRADITIONAL NAVIGABLE WATER. IN BUILDING THE DAM, DEFENDANT USED DIRT AND ROCK FROM AN ADJACENT BORROW PIT WHICH NOW REGULARLY ERODES INTO THE TRIBUTARY. THE DAM ITSELF ALSO HAS ERODED INTO THE TRIBUTARY. DEFENDANT DOES NOT HAVE THE NECESSARY CWA 402 PERMIT FOR DISCHARGING ERODED MATERIAL AND OTHER POLLUTANTS INTO THE TRIBUTARY, AND THEREBY IS IN VIOLATION OF CWA 301(a) FOR DISCHARGING A POLLUTANT INTO A WATER OF THE U.S. W/OUT A PERMIT.

Defendants (1)

• MASSEY, BRENDANamed in complaintNamed in settlement

Facilities (1)

• WETLANDS (BRENDA MASSEY)

  7513 HIGHWAY 63 NORTH, LUCEDALE, MS, 39452

  Registry ID: 110070916338

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• MASSEY, BRENDA

  Primary law: CWA

Timeline (5 milestones)

• 2018-08-18Referred To Dept Of Justice
• 2018-08-28Enforcement Action Data Entered
• 2019-07-11Supplemental Referral-Adding parties, counts
• 2021-01-14Complaint Filed With Court
• 2021-02-02Final Order Lodged