EPA v. AS Department of Public Works - AOC

Case summary

On October 11, 2023 R9 finalized an Administrative Order on Consent (AOC) with the American Samoa Government-Department of Public Works (ASG-DPW), resolving CWA Section 404 violations for unauthorized discharge of dredged or fill material into Waters of the U.S. (WOTUS) at three locations on the Island of Tutuila, American Samoa. Under the AOC, the ASG-DPW will train personnel on wetlands and stormwater requirements and develop and implement a plan to assesses all aquatic resources where earth-moving activities will occur, to a) evaluate whether authorization under a CWA Section 404 and/or CWA Section 402(p)/construction stormwater permit is required, and b) obtain authorization as appropriate.

Defendants (1)

• American Samoa Department of Public WorksNamed in complaintNamed in settlement

Facilities (1)

• DEPARTMENT OF PUBLIC WORKS, MAINTENANCE AND OPERATIONS

  PO BOX, TAFUNA, AS, 96799

  Registry ID: 110028220832

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• AS Department of Public Works - AOCentered 2023-10-11

  Primary law: CWA

Timeline (3 milestones)

• 2023-10-11Enforcement Action Closed
• 2023-10-11Final Order Issued
• 2024-01-02Enforcement Action Data Entered