EPA v. TOP DRAWER, LLC (CYPRESS POINTE A)

Case summary

On April 26, 2022, Region III filed its first Expedited Administrative Order for Compliance ( AO or XAO ) issued to Top Drawer, LLC ( Respondent ) for violations of its National Pollutant Discharge Elimination System ( NPDES ) Permit for its home development project known as Cypress Pointe A, in Laurel, DE ( Site ). NPDES General Permit No. DE0051268 (and site-specific Permit No. DEC006311) ( Permit ) were issued by DNREC pursuant to its authority under the CWA NPDES program approval. On May 26, 2021, EPA conducted an NPDES construction stormwater inspection of the Site. Top Drawer, as permittee, is responsible for erosion and sediment controls at the 108.6 acre Site. At the time of the inspection, EPA inspectors observed multiple violations at the Site including: 1) failure to post permit coverage; 2) failure to maintain silt fence; 3) failure to maintain inlet protection; 4) a construction entrance not designed to specifications and trackout present; 5) debris and uncovered/unlidded dumpsters; 6) improper containment at concrete washout areas; 7) a partially excavated and unstabilized sediment pond; and 8) failure to provide all self-inspection reports for the time period requested. The AO requires Top Drawer to correct all site deficiencies and provide proof of corrections to EPA within 14 days. An EJSCREEN was run for the Site and the area was flagged for a potential EJ concern. EPA has consulted with DNREC during the development of this action, and EPA has mailed a copy of the fully-executed AO to the appropriate DNREC representative.

Defendants (1)

• TOP DRAWER, LLCNamed in settlement

Facilities (1)

• CYPRESS POINTE A

  SHIPBUILDERS DRIVE AND WOODLAND FERRY ROAD, LAUREL, DE, 19956

  Registry ID: 110071251292

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• TOP DRAWER, LLC (CYPRESS POINTE A)entered 2022-04-25

  Primary law: CWA

Timeline (3 milestones)

• 2022-04-25Final Order Issued
• 2022-04-26Enforcement Action Data Entered
• 2022-06-27Enforcement Action Closed