EPA v. ASCENSION PARISH POLICE JURY - NEELY BAYOU

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(A). 2. ASCENSION PARISH POLICE JURY - NEELY BAYOU 1.5 MILES NORTHEASTERLY OF SORRENTO DONALDSONVILLE, ASCENSION PARISH, LOUISIANA 70346 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY DISCHARGING DREDGED AND FILL MATERIAL INTO WETLANDS OF THE U.S. WITHOUT A COE 404 PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 309(A) OF THE CWA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) ORDERING THE RESPOND- ENT TO IMMEDIATELY IMPLEMENT WETLAND RESTORATION MEASURES TO REVERSE THE ADVERSE EFFECTS OF THE DISCHARGES OF DREDGED AND FILL MATERIAL, REMOVE ALL DISCHARGED DREDGED AND/OR FILL MATERIAL AND RE-ESTABLISHMENT OF PRE-PROJECT SURFACE CONTOURS, WATER REGIME AND VEGETATIVE COVER ON ALL CLEARED AND SPOILED AREAS, COMPLETE THE MEASURES WITH IN 270 DAYS OF THE RECEIPT OF THE ORDER, SUBMIT A REPORT TO EPA WITHIN 5 DAYS OF FINAL COMPLETION THAT INCLUDE A WRITTEN AND PHOTGRAPHIC RECORD CONFIRMING THAT RESTORA- TION/MITIGATION MEASURES HAVE BEEN COMPLETED, TO COMPLY WITH THE TERMS OF THE AO, OBTAIN A COE 404 PERMIT PRIOR TO ANY FURTHER DISCHARGES OF DREDGED OR FILL MATERIALS IN TO WATERS OF THE U.S.

Defendants (1)

• ASCENSION PARISH POLICE JURYNamed in complaintNamed in settlement

Facilities (1)

• NEELY BAYOU

  1.5 MI. NE OF SORRENTO, LA., DONALDSONVILLE, LA, 70346

  Registry ID: 110010653934

Statutes cited

• CWA 301A — Clean Water Act
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• ASCENSION PARISH POLICE JURYentered 1995-06-19

  Primary law: CWA

Timeline (4 milestones)

• 1995-06-19Complaint Filed/Proposed Order
• 1995-06-19Final Order Issued
• 1997-04-28Enforcement Action Data Entered
• 2009-07-01Enforcement Action Closed