EPA v. ASCENSION PARISH POLICE JURY - TOLEDO (POLEDO) CANAL

Case summary

1. SECTION 309(A) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. 1319(A). 2. ASCENSION PARISH POLICE JURY - TOLEDO (POLEDO) CANAL 1.5 NORTH FROM BRIGNAC, ASCENSION PARISH DONALSONVILLE, ASCENSION PARISH, LOUISIANA 70346 3. RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY DISCHARGING DREDGED AND FILL MATERIAL INTO WATERS OF THE U.S. (WETLANDS ADJACENT TO TOLEDO (POLEDO) CANAL) 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 DISCHARGED DREDGED/ FILL MATERIAL, REMOVE ALL THE DISCHARGED DREDGED AND/OR FILL MATERIAL AND RE-ESTABLISHMENT OF PRE-PROJECT SURFACE CONTOURS, WATER REGIME AND VEGETATIVE COVER ON ALL CLEAR- ED AND SPOILED AREAS, COMPLETE THE RESTORATION/MITIGATION MEASURES WITHIN 270 DAYS OF RECEIPT OF THE ORDER, SUBMIT A REPORT WITHIN 5 DAYS OF THE FINAL COMPLETION THAT IN- CLUDES A WRITTEN AND PHOTOGRAPHIC RECORD CONFIRMING THAT RESTORATION/MITIGATION MEASURES HAVE BEEN COMPLETED, COM- PLY WITH TERMS OF THE AO, AND OBTAIN A COE 404 PERMIT PRIOR TO ANY FURTHER DISCHARGES.

Defendants (1)

• ASCENSION PARISH POLICE JURYNamed in complaintNamed in settlement

Facilities (1)

• TOLEDO (POLEDO) CANAL

  1.5 N FROM BRIGNAC, LA., DONALDSONVILLE, LA, 70346

  Registry ID: 110010653970

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