EPA v. JS, LLC (JS SCRUGGS)

Case summary

8/9/19 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. THIS AOC PERTAINS TO THE DISCHARGE OF FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE U.S. IMPACTING APPROX 989 LINEAR FEET OF AN UNNAMED PERENNIAL STREAM THAT FLOWS DIRECTLY INTO TOWN CREEK, A TRADITIONAL NAVIGABLE WATER. THE DISCHARGE AREA IS LOCATED IN LEE COUNTY, MS. COMMENCING ON OR ABOUT MARCH 2017 UNTIL AUG 2017, RESPONDENT AND/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 UNPERMITTED FILL MATERIAL REMAINS IN THE WATERS OF THE U.S. RESPONDENT'S UNPERMITTED ACTIVITIES IMPACTED APPROX 989 LINEAR FEET OF AN UNNAMED PERINNIAL STREAM THAT FLOWS DIRECTLY INTO TOWN CREEK. ON AUG 30, 2017, THE U.S. COE ISSUED A NOTICE OF VIOLATION TO MITCHELL SCRUGGS, AN AGENT OF JS LLC FOR THE UNPERMITTED DISCHARGE ASSOCIATED WITH THE CONVERSION OF AGRICULTURE LAND FOR THE PURPOSE OF DEVELOPING COMMERCIAL PROPERTY ON THE SITE. ON JULY 31, 2018, THE COE AND EPA CONDUCTED A JOINT INSPECTION OF THE SITE TO FURTHER INVESTIGATE THE UNPERMITTED DISCHARGES. AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA 404.

Defendants (1)

• JS LLCNamed 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 2019-08-09

  Primary law: CWA

Timeline (2 milestones)

• 2019-08-09Final Order Issued
• 2019-08-27Enforcement Action Data Entered