Stormwater Enforcement: Mississippi Commission on Environmental Quality and Harrison County Homebuilder Enter into Agreed Order

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Mississippi Commission on Environmental Quality (“MCEQ”) and DR Horton, Inc. (“DR”) entered into a July 15th Agreed Order (“AO”) addressing alleged violations involving failure to meet Mississippi stormwater requirements. See Order No. 7202 22.

The AO provides that DR is undertaking construction of a subdivision (Meginley) in Harrison County, Mississippi.

MCEQ is stated to have conducted a Compliance Evaluation Inspection at the subdivision and identified the following violations:

  1. ACT6, Condition S-1 (1): Failure to implement the SWPPP.
  2. ACT6, Condition S-3 (11): Failure to maintain erosion controls.
  3. ACT7, Condition L-1 (2): Failure to meet non-numeric limitation requirements.

DR, through a June 6th letter, stated that the violations have been corrected.

The AO assesses a civil penalty of $18,750.

A copy of the AO can be downloaded here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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