EPA v. BISHARD DEVELOPMENT CORPORATION

Case summary

AFTER INSPECTION OF THE COASTAL WALK CONDOMINIUMS, BY REPRESENTATIVES OF THE US EPA, THE BISHARD CONSTRUCTION CORPORATION WAS FOUND IN VIOLATION OF ITS NPDES STORM WATER PERMIT FOR CONSTRUCTION ACTIVITIES. INSPECTORS FROM THE CITY OF VA BEACH HAD, ON NUMEROUS OCCASIONS ALSO FOUND THE COASTAL WALK CONDOMINIUM SITE IN VIOLATION. MANY TIMES, THE SUB-CONTRACTOR, FAILED TO ADDRESS THE FAILING STORM WATER MANAGEMENT FACILITY AND RUNOFF PROBLEMS, AND FAILED TO COMMUNICATE THE SAME ISSUES TO THE BISHARD CONSTRUCTION CORPORATION. THUS, MANY REPAIRS WENT UNCHECKED. SITE HAD NOT PREPARED SELF, SITE INSPECTION REPORTS AND ADDITIONALLY FAILED TO PROTECT STOCK PILES AND PROTECT STORM DRAIN INLETS THAT WERE IN CLOSE PROXIMITY TO THE UNPROTECTED STOCKPILE. BECAUSE BDC HAD DAY TO DAY OPERATIONAL CONTROL OVER THE SITE, THE BISHARD CONSTRUCTION CORPORATION IS LIABLE FOR THE VIOLATIONS UNDER THE CWA.

Defendants (1)

• BISHARD DEVELOPMENT CORPORATION (SB)Named in complaintNamed in settlement

Facilities (1)

• COASTAL WALK CONDOMINIUMS

  2101 PARKS AVENUE, SUITE 101, VIRGINIA BEACH, VA, 23451

  Registry ID: 110018937720

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• BISHARD DEVELOPMENT CORPORATIONentered 2005-09-29

  Primary law: CWA

  Federal penalty: $9,712

Timeline (3 milestones)

• 2005-06-06Enforcement Action Data Entered
• 2005-09-29Final Order Issued
• 2005-09-29Complaint Filed/Proposed Order