EPA v. JS, LLC (JS SCRUGGS)

Case summary

8-7-19 - ADMINISTRATIVE CONSENT AGREEMENT AND FINAL PENALTY ORDER, ASSESSING A PENALTY OF $19,500, DUE WITHIN 30 DAYS. ALLEGATIONS: COMMENCING ON OR ABOUT MARCH 1, 2017, UNTIL ON OR ABOUT AUG 30, 2017, RESPONDENT, OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED FILL MATERIAL CONSISTING OF EARTHEN MATERIAL AND A 48-INCH DIAMETER CORRUGATED PIPE INTO WATERS OF THE U.S. ON THE SITE, WITHOUT A PERMIT, USING EARTH MOVING MACHINERY DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH COMMERCIAL DEVELOPMENT. RESPONDENT IMPACTED APPROX 989 LINEAR FEET OF PERENNIAL STREAM ( DISCHARGE AREA ) THAT FLOWS DIRECTLY INTO TOWN CREEK, A NAVIGABLE-IN-FACT WATER OF THE U.S. THIS PERENNIAL STREAM IS A WATER OF THE U.S. SUBJECT TO THE JURISDICTION OF THE CWA BECAUSE IT MAINTAINS A RELATIVELY PERMANENT, CONTINUOUS SURFACE CONNECTION TO A NAVIGABLE-IN-FACT WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF THE FILL MATERIAL DID RESPONDENT POSSESS A PERMIT UNDER CWA 404 AUTHORIZING THE ACTIVITIES IT PERFORMED.

Defendants (1)

• JS LLCNamed in complaintNamed in settlement

Facilities (1)

• WETLANDS - JS SCRUGGS LLC

  WEST OF NORTH GLOSTER STREET, TUPELO, MS, 38866

  Registry ID: 110070254352

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• JS, LLC (JS SCRUGGS)entered 2019-08-07

  Primary law: CWA

  Federal penalty: $19,500

Timeline (3 milestones)

• 2019-08-07Final Order Issued
• 2019-08-07Complaint Filed/Proposed Order
• 2019-08-22Enforcement Action Data Entered