EPA v. WET MINE ASSETS HOLDING, LLC

Case summary

20210629 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. ALLEDGED VIOLATIONS: COMMENCING ON OR ABOUT JANUARY 1, 2015, REPONDENT AND/OR THOSE ACTING ON BEHALF OF RESPONDENT DISCHARGED DREDGE AND/OR FILL MATERIAL INTO WATERS OF THE UNITED STATES, THE UNAUTHORIZED DREDGING AND FILLING ACTIVITIES IMPACTED APPROXIMATELY 260.93 ACRES OF FORESTED WETLANDS AND 890.09 LINEAR FEET OF INDIAN CAMP BRANCH. RESPONDENT'S UNAUTHORIZED ACTIVITIES IN WATERS OF THE UNITED STATES INCLUDE, BUT ARE NOT LIMITED TO, RE-ROUTING AND EXCAVATING INDIAN CAMP BRANCH, EXTENSIVE MECHANICAL LAND-CLEARING OF FORESTED WETLANDS, CONSTRUCTION OF DRAINAGE DITCHES AND ROADS, SORTING AND STOCKPIING DREDGED MATERIALS, AND THE CONVERSION OF FORESTED WETLANDS TO AGRICULTURE,. TO DATE, THE UNAUTHORIZED DREDGE AND/OR FILL MATERIAL REMAINS IN WATERS OF THE UNITED STATES. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA FROM JANUARY 2015 TO THE PRESENT DID RESPONDENT POSSESS A VALID PERMIT UDER SECTION 404 OF THE CWA, 33 USC SECTION 1344, AUTHORIZING THE DISCHARGE OF SUCH DREDGED AND/OR FILL MATERIAL BY RESPONDENT. THEREFORE, RESPONDENT HAS VIOLATED SECTION 301 OF THE CWA, 33 USC SECTION 1311, BY DISCHARGING POLLUTANTS INTO NAVIGABLE WATERS WITHOUT A PERMIT.

Defendants (1)

• WET MINE ASSETS HOLDING, LLCNamed in settlement

Facilities (1)

• WET MINE ASSETS HOLDING, LLC

  105 STREET A., PICAYUNE, MS, 39466

  Registry ID: 110070604743

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• WET MINE ASSETS HOLDING, LLCentered 2021-06-29

  Primary law: CWA

Timeline (2 milestones)

• 2021-06-29Final Order Issued
• 2021-07-13Enforcement Action Data Entered