2/18/10 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE U.S., INCLUDING MECHANIZED LAND CLEARING AND THE DEPOSITION OF FILL MATERIAL IN FORESTED WETLANDS LYING ADJACENT TO THE PEARL RIVER. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED IN CONNECTION WITH LAND DEVELOPMENT AND THE DISPOSAL OF EXCAVATED MATERIAL FROM OFFSITE CONSTRUCTION AREAS.
RESPONDENT AT ALL TIMES RELEVANT TO THS ORDER, WAS THE OWNER AND OPERATOR OF THE PARCEL OF LAND LOCATED NW OF THE INTERSECTION OF HIGHWAYS 80 AND 55 IN THE CITY OF FLOWOOD, RANKIN COUNTY, MISSISSIPI, THAT CONTAINED THE DISCHARGE AREA.
COMMENCING ON OR ABOUT OCT 2008 TO PRESENT, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH LAND DEVELOPMENT AND THE DISPOSAL OF EXCAVATED MATERIAL FROM OFFSITE CONSTRUCTION AREAS.
RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 2.5 ACRES OF FORESTED WETLANDS LYING ADJACENT TO THE PEARL RIVER.
AT NO TIME DURING THE DISCHARGE DID RESPONDENT POSSESS A PERMIT UNDER CWA SECTION 404.
ORDER REQUIRES:
IMMEDIATELY, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL.
WITHIN 48 HOURS RESPONDENT WILL NOTIFY EPA WHETHER OR NOT RESPONDENT INTENDS TO COMPLY