EPA v. GERALD REALTY/BUSBY CONSTRUCTION

Case summary

GERALD RALTY IS THE OWNER OF THE WINNIPESAUKEE CROSSING RETAIL DEVELOPMENT SITE. BUSBY IS THE GENERAL CONTRACTOR FOR THE SITE. DURING INSPECTIONS OF THE SITE IN SEPTEMBER, OCTOBER AND DECEMBER 2005, INSPECTORS FROM NH DES AND REGION 1 OBSERVED AND MEASURED TURBIDITY IN THE STORM WATER DISCHARGES FROM THE SITE DESPITE EXISTING STORM WATER CONTROLS. THE PROPOSED CAFO ALLEGES THAT THE COMPANIES FAILED TO PROPERLY SELECT AND IMPLEMENT EFFECTIVE STORM WATER CONTROLS FOR THE SITE AND FAILED TO AMEND THE STORM WATER POLLUTION PREVENTION PLAN FOR THE SITE.

Defendants (1)

• GERALD REALTY/BUSBY CONSTRUCTIONNamed in complaintNamed in settlement

Facilities (1)

• WINNIPESAUKEE CROSSING

  1401 LAKESHORE ROAD, GILFORD, NH, 03246

  Registry ID: 110024409086

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• GERALD REALTY/BUSBY CONSTRUCTIONentered 2006-08-30

  Primary law: CWA

  Federal penalty: $19,106

Timeline (3 milestones)

• 2006-07-14Complaint Filed/Proposed Order
• 2006-07-25Enforcement Action Data Entered
• 2006-08-30Final Order Issued