EPA v. FT LINCOLN RETAIL, LLC (SHOPS AT DAKOTA CROSSING)

Case summary

THE AGENCY CONDUCTED AN INSPECTION AT SHOPS AT DAKOTA CROSSING SITE LOCATED AT 3301 FT. LINCOLN DRIVE NE, WASHINGTON, C ON SEPTEMBER 10, 2012. THE SITE DISCHARGES INTO DC'S MS4 SYSTEM THAT DISCHARGES INTO THE ANACOSTIA RIVER, WHICH IS DESIGNATED CATEGORY CLASS C: PROTECTION & PROPAGATION OF FISH, SHELLFISH AND WILDLIFE. AND IS IMPAIRED FOR SEDIMENT AND TOTAL SUSPENDEED SOLIDS. A TMDL WAS DEVELOPED FOR THE ANACOSTIA IN 2007 TO ADDRESS THIS IMPAIRMENT. EPA REGULATES CONSTRUCTION ACTIVITY IN THE DISTRICT OF COLUMBIA UNDER ITS GENERAL PERMIT FOR DISCHARGES FROM CONSTRUCTION ACTIVITIES ISSUED ON FEBRUARY 16, 2012. THE INSPECTION TEAM FOUND MULTIPLE VIOLATIONS OF EPA'S 2012 CONSTRUCTION GENERAL PERMIT INCLUDING: UNAUTHORIZED DISCHARGES OF NON-STORMWATER, FAILURE TO MAINTAIN EROSION AND SEDIMENT CONTROLS AND FAILURE TO CONDUCT AND/OR DOCUMENT SITE INSPECTIONS AMONG OTHERS. THESE VIOLATION CONTRIBUTED TO THE ANACOSTIA'S SEDIMENT IMPAIRMENT.

Defendants (2)

• FT. LINCOLN RETAIL, LLCNamed in complaintNamed in settlement
• FORT LINCOLN RETAIL, LLCNamed in complaintNamed in settlement

Facilities (1)

• SHOPS AT DAKOTA CROSSING

  3301 FORT LINCOLN DRIVE NE, WASHINGTON, DC, 20018

  Registry ID: 110054122196

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• FT LINCOLN RETAIL, LLC (SHOPS AT DAKOTA CROSSING)entered 2015-09-29

  Primary law: CWA

  Federal penalty: $99,000

Timeline (3 milestones)

• 2015-04-29Complaint Filed/Proposed Order
• 2015-05-13Enforcement Action Data Entered
• 2015-09-29Final Order Issued