3/24/2011 - ADMINISTRATIVE ORDER ISSUED.
ORDER STATES:
COMMENCING ON OR ABOUT OCTOBER 2010 TO THE PRESENT, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO STREAMS AND WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING THE COURSE OF A ROAD IMPROVEMENT PROJECT.
RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED TRIBUTARIES TO SOUENLOVIE CREEK AND ABUTTING FORESTED WETLANDS, FLOWING INTO THE UPPER CHICKASWHAY RIVER, A NAVIGABLE WATER OF THE UNITED STATES.
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM OCTOBER 2010 TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, 33 U.S.C SECTION 1344, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT.
ORDER REQUIRES:
IMMEDIATELY UPON RECEIPT OF THIS ORDER, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, OR ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL , AS DEFINED BY 40 CFR SECTION 232.2, INTO WATER OF UNITED STATES.
WITHIN 48 HOURS OF RECEIVING THIS ORDER, THE RESPONDENT WILL NOTIFY THE EPA REPRESENTATIVE WHETHER OR NOT THE RESPONDENT INTENDS TO COMPLY WITH THIS ORDER. IN THE EVENT THAT RESPONDENT'S COMPLIANCE WITH ANY STATE OR LOCAL REQUIREMENT CONFLICTS WITH THE TERMS OF THIS ORDER, RESPONDENT IS DIRECTED TO DISCUSS SUCH CONFLICT WITH THE EPA REPRESENTATIVE.
WITHIN 30 DAYS FROM RECEIPT OF THIS ORDER, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLA