EPA v. SOUTH TERREBONNE TIDEWATER DISTRICT

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SEC. 1319(A). 2. SOUTH TERREBONNE TIDEWATER MANAGEMENT AND CONSERVATION DISTRICT P.O. BOX 370 CHAUVIN, LOUISIANA 70344-0370 LOCATION OF FACILITY: TOWNSHIP 19 SOUTH, RANGE 19 EAST, TERREBONNE PARISH, LA. 3. THE RESPONDENT AND/OR INDIVIDUALS ACTING ON ITS BEHALF OPERATED MACHINERY, SUCH AS BUCKET DREDGE, FROM WHICH WAS DISCHARGED, DREDGED AND/OR FILL MATERIAL INTO BAYOU TER- REBONNE (WETLANDS) LOCATED ON THE RESPONDENT'S PROPERTY. SECTION 301(A) OF THE CWA PROHIBITS THE DISCHARGE OF DREDGED/FILL MATERIAL INTO NAVIGABLE WATERS OF THE U.S., EXCEPT IN COMPLIANCE WITH A PERMIT ISSUED BY THE U.S. CORPS OF ENGINEERS (COE). AT NO TIME RELEVANT TO THIS ORDER DID COE ISSUE A PERMIT AUTHORIZING THE DISCHARGES DESCRIBED. THE RESPONDENT'S DISCHARGES VIOLATED SECTION 301(A) OF THE CWA. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA AND THE PARTIES AGREE TO AN ADMINISTRATIVE ORDER ON CON- SENT (AOC) THAT ORDERS THE RESPONDENT TO (1) RESTORE THE WETLANDS TO APPROXIMATE THEIR PREVIOUS CONDITION BY THE PROCEDURES DESCRIBED IN THE ORDER BY MAY 15, 1995 AND (2) SUBMIT A FINAL REPORT IN WRITING TO TOM NYSTROM, 6E-FT, DESCRIBING THE STEPS TAKEN TO ACCOMPLISH BOTH THE LEVEE DEGRADATION AND TREE PLANTING OPERATIONS.

Defendants (1)

• SOUTH TERREBONNE TIDEWATER DISTRICTNamed in complaintNamed in settlement

Facilities (1)

• SOUTH TERREBONNE TIDEWATER MANAGEMENT AND CONSER-

  PO BOX 370, CHAUVIN, LA, 703440370

  Registry ID: 110010699173

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• SOUTH TERRBONNE TIDEWATER MANAGEMENT AND CONSERVATentered 1995-06-15

  Primary law: CWA

Timeline (5 milestones)

• 1995-06-15Complaint Filed/Proposed Order
• 1995-06-15Final Order Issued
• 1995-06-16Enforcement Action Data Entered
• 1997-02-17Compliance Achieved
• 1997-04-08Enforcement Action Closed