7/23/2013 -CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $18,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
COMMENCING ON OR ABOUT OCTOBER 10, 2006, AND MULTIPLE TIMES THEREAFTER, THE RESPONDENT AND/OR THOSE ACTING ON HIS BEHALF, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO TOWN CREEK ON THE SITE USING EARTH MOVING MACHINERY. CURRENTLY, THE FILL MATERIAL REMAINS IN WATERS OF THE UNITED STATES.
THE RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROXIMATELY 700 LINEAR FEET OF TOWN CREEK, A DIRECT TRIBUTARY TO THE PEARL RIVER, WHICH IS A TRADITIONAL NAVIGABLE WATER.
THE DISCHARGED AND/OR FILL MATERIAL, INCLUDING EARTHEN MATERIAL DEPOSITED AT THE DISCHARGE AREA, ARE POLLUTANTS AS DEFINED UNDER THE CWA.
AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM ON OR ABOUT OCTOBER 10, 2006, TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER SECTION 404 OF THE CWA, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT.
EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATERS WITHOUT THE REQUIRED PERMIT ISSUED UNDER SECTION 404 OF THE CWA, IS A VIOLATION OF SECTION 301(a) OF THE CWA.