EPA v. Atlantic Funding and Real Estate, LLC et al.

Case summary

Respondents own and/or operate the Gateway Landing construction site located in the Town of Greece and Town of Gates, NY where over twelve (12) acres of soil have been disturbed. The Respondents failed to comply with the conditions of its NYSDEC SPDES Construction General Permit by failing to implement and maintain the SWPPP, failing to conduct and document weekly and bi-weekly inspections, failing to maintain records on-site and failure to implement corrective actions subsequent to SWPPP inspection notifications. Stormwater discharges from the Site drain to the Erie Canal and Round Pond Creek. The Consent Agreement and Final Order includes a $50,000 cash penalty and a Bio-swale and rain garden SEP.

Defendants (2)

• Atlantic Funding and Real Estate, LLCNamed in complaintNamed in settlement
• Alfred SpazianoNamed in complaintNamed in settlement

Facilities (1)

• GATEWAY LANDING

  CANAL LANDING BLVD @ BELLWOOD DR, GATES, TOWN OF, NY, 14624

  Registry ID: 110054122926

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Atlantic Funding and Real Estate, LLC et al.entered 2014-04-29

  Primary law: CWA

  Federal penalty: $50,000 · SEP: $68,342

Timeline (5 milestones)

• 2013-09-05Complaint Filed/Proposed Order
• 2013-09-11Enforcement Action Data Entered
• 2014-04-29NPDES Closed
• 2014-04-29Enforcement Action Closed
• 2014-04-29Final Order Issued