EPA v. THE JONES COMPANY OF TENNESSEE, LLC

Case summary

MARCH 5, 2024 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT Upon consent of the parties by their attorney and/or authorized officials, the parties stipulate and find that the following facts are true and substantiated: THE JONES COMPANY OF TENNESSEE, LLC, RESPONDENT; at all times relevant to this AOC, was the owner and/or operator of the Site that contained the Discharge Area. Section 301(a) of the CWA, 33 U.S.C. ? 131 l(a), prohibits the discharge of pollutants by any person into waters of the United States except in compliance with a permit issued under Section 404 of the CWA, 33 U.S.C. ? 1344. Commencing on or about June 3, 2021, to present, Respondent, and/or those acting on behalf of the Respondent, discharged dredged and/or fill material into jurisdictional waters within the Discharge Area using earth moving machinery including, but not limited to, excavators and bulldozers, during unauthorized activities associated with residential development. Currently, the unauthorized dredged and/or fill material remains in waters of the United States. Respondent's unauthorized activities in the Discharge Area impacted approximately 1.14 acres of wetlands that have a continuous surface connection to an unnamed relatively permanent, perennial tributary to Drakes Creek. Drakes Creek is a perennial tributary of the Cumberland River, a traditional navigable water. The discharged dredged and/or fill material, including earthen material deposited at the Discharge Area, are pollutants as defined in Section 502(6) of the CWA, 33 U.S.C. ? 1362(6). The earth moving machinery employed by the Respondent to deposit the dredged and/or fill material at the Discharge Area are point sources as defined in Section 502(14) of the CWA, 33 U.S.C. ? 1362(14). A discharge of a pollutant as defined in Section 502(12)(A) of the CWA, 33 U.S.C. ? 1362( 12)(A), is any addition of any pollutant to navigable waters from any point source. Respondent's placement of the dredged and/or fill material into the Discharge Area is a discharge of pollutants as defined in Section 502(12) of the CWA, 33 U.S.C. ? 1362(12). The term navigable waters as defined in Section 502(7) of the CWA, 33 U.S.C.? 1362(7), means the waters of the United States, including the territorial seas. The Discharge Area includes navigable waters as that term is defined in Section 502(7) of the CWA, 33 U.S.C. ? 1362(7). At no time during the discharge of dredged and/or fill material into the Discharge Area from June 3, 2021, to the present did the Respondent possess a permit under Section 404 of the CWA, 33 U.S.C. ? 1344, authorizing such discharge of dredged and/or fill material by Respondent. Each discharge by the Respondent of pollutants into navigable waters without the required permit issued under Section 404 of the CWA, 33 U.S.C. ? 1344, is a violation of Section 30l(a) of the CWA, 33 U.S.C. 131 (a). Each day the material discharged by the Respondent remains in waters of the United States without the required permit under Section 404 of the CWA, 33 U.S.C. ? 1344, constitutes a day of violation of Section 301(a) of the CWA, 33 U.S.C. ? 1311(a). Therefore, Respondent has violated Section 301 (a) of the CWA, 33 U.S.C. ? 1311(a), by discharging pollutants into navigable waters without a permit.

Defendants (1)

• THE JONES COMPANY OF TENNESSEE, LLCNamed in settlement

Facilities (1)

• RETREAT AT NORMAN FARMS

  ANDERSON RD. & JONES LN., HENDERSONVILLE, TN, 37075

  Registry ID: 110070687311

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• THE JONES COMPANY OF TENNESSEE, LLCentered 2024-03-05

  Primary law: CWA

Timeline (2 milestones)

• 2024-03-05Final Order Issued
• 2024-04-10Enforcement Action Data Entered