5/6/09 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. INCLUDING APPROX 700 LINEAR FEET OF TOWN CREEK LOCATED AT 1011 SOUTH STATE STREET, JACKSON, MISSISSIPPI. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE PLACEMENT OF FILL MATERIAL IN AND/OR ALONG THE BANKS OF TOWN CREEK. COMMENCING ON OR ABOUT MARCH 2007 TO THE PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE DEPOSITION OF FILL MATERIAL IN AND/OR ALONG THE BANKS OF TOWN CREEK. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 700 LINEAR FEET OF TOWN CREEK, A DIRECT TRIBUTARY TO THE PEARL RIVER, A NAVIGABLE WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGE AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM MARCH 2007 TO THE PRESENT, DID THE RESPONDENT POSSES A PERMIT UNDER SECTION 404 OF THE CWA.
ORDER REQUIRES:
IMMEDIATELY, RESPONDENT SHALL CEASE PARTICIPATING IN, CAUSING, ALLOWING ANY ADDITIONAL UNAUTHORIZED DISCHARGES OF ANY DREDGED OR FILL MATERIAL IN WATERS OF THE U.S.
WITHIN 48 HOURS, RESPONDENT WILL NOTIFY EPA WHETHER OR NOT THE RESPONDENT INTENDS TO COMPLY WITH THIS ORDER.
WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE A SITE RESTORATION PLAN TO EPA FOR REVIEW AND APPROVAL. PLAN SHOULD INCLUDE MEASURES TO ACCOMPLISH THE