EPA v. SCHELL OUTER BANKS, LLC AND DAVID G. HORSEY AND SONS, INC. (OUTER BANKS NORTH AND SOUTH)

Case summary

On September 29, 2023, Region 3 issued a CAFO that commenced and concluded a matter against Schell Outer Banks LLC, Schell Brothers LLC, and David G. Horsey & Sons, Inc. for construction stormwater CWA NPDES permit violations at a residential construction site (the Site ) in Lewes, DE. The cited violations include failure to properly implement construction stormwater controls. The CAFO settles the violations with a civil penalty of $17,000. The CAFO was subject to public comment. The Facility is not in an area of EJ concern. An action such as this could help protect the waterways of the local community.

Defendants (2)

• David G. Horsey & Sons, Inc.Named in complaintNamed in settlement
• Schell Outer Banks LLC, Schell Brothers LLCNamed in complaintNamed in settlement

Facilities (1)

• OUTER BANKS NORTH AND SOUTH

  JIMTOWN ROAD AND ROBINSONVILLE ROAD, LEWES, DE, 19958

  Registry ID: 110071074450

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• SCHELL OUTER BANKS, LLC AND DAVID G. HORSEY AND SONS, INC. (OUTER BANKS NORTH AND SOUTH)entered 2023-09-29

  Primary law: CWA

  Federal penalty: $17,000

Timeline (5 milestones)

• 2023-09-29Complaint Filed/Proposed Order
• 2023-09-29Final Order Issued
• 2023-10-04Enforcement Action Data Entered
• 2023-11-06Enforcement Action Closed
• 2023-11-06NPDES Closed