EPA v. Steele Creek Shopping Center/Southstar Holdings-Carowinds, LLC

Case summary

5/20/03- COMPLAINT/CAFO ISSUED, ASSESSING A PENALTY OF $7,000, DUE WITHIN 30 DAYS. ON JULY 23, 2002, REPRESENTATIVES OF EPA IN CONJUNCTION WITH THE CITY OF CHARLOTTE, NC, PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI) OF RESPONDENT'S SITE KNOWN AS STEELE CREEK SHOPPING CENTER. EPA'S CSWEI WAS TO EVALUATE THE TREATMENT AND DISPOSAL OF STORM WATER AT THE FACILITY IN ACCORDANCE WITH THE CWA, THE REGULATIONS PROMULGATED THEREUNDER AT 40 CFR SECTION 126.26 AND THE NCDENR PERMIT. AS A RESULT OF THE CSWEI, EPA HAS DETERMINED THAT RESPONDENT DISCHARGED STORM WATER ASSOCIATED WITH INDUSTRIAL ACTIVITY WITHIN THE MEANING OF SECTION 402(p) OF THE CWA AND ITS IMPLEMENTING REGULATIONS. THE CSWEI REVEALED THAT RESPONDENT VIOLATED PART I.A.2 OF THE PERMIT BY FAILING TO ADEQUATELY IMPLEMENT THE EROSION AND SEDIMENTATION CONTROL PLAN AS EVIDENCED BY IMPROPERLY MAINTAINED SILT FENCING, CHECK DAMS, RIP RAP, AND THE STORMWATER POND. THE CSWEI REVEALED THAT RESPONDENT VIOLATED PART I.B.1 OF THE PERMIT BY FAILING TO PERFORM INSPECTIONS, MAINTAIN A RAIN GAUGE ON SITE, AND RECORD RAINFALL AMOUNTS AND DATES. THE CSWEI REVEALED THAT RESPONDENT VIOLATED PART I.B.3 OF THE PERMIT BY FAILING TO MAINTAIN A RECORD OF INSPECTIONS REFLECTING VISIBLE SEDIMENTATION FOUND OUTSIDE THE DISTURBED LIMITS OF THE SITE, AN EXPLANATION OF MEASURES TAKEN TO CONTROL FUTURE RELEASES AND MEASURES TAKEN TO CLEAN UP SEDIMENT BEYOND THE SITE LIMITS. THE CSWEI REVEALED THAT RESPONDENT VIOLATED PART I.C.1 OF TEH PERMIT BY FAILING TO COMPLY WITH THE FINAL LIMITATIONS AND CONTROLS AS REQUIRED BY THE PLAN. THE CSWEI REVEALED THAT RESPONDENT VIOLATED PART 1.C.1, PART I.C.2, AND PART II.C.1 OF THE PERMIT BY FAILING TO MAINTAIN PROPER OPERATION AND MAINTENANCE OF STORM WATER CONTROLS, ALLOWING SEDIMENT TO DISCHARGE INTO A NAVIGABLE WAT

Defendants (2)

• STEELE CREEK SHOPPING CENTERNamed in complaintNamed in settlement
• SOUTHSTAR HOLDINGS-CAROWINDS, LLCNamed in complaintNamed in settlement

Facilities (1)

• STEELE CREEK SHOPPING CENTER

  HIGHWAY 99 AND JOHN PRICE ROAD, CHARLOTTE, NC, 28207

  Registry ID: 110013688722

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 301/402 — NPDES Permit Violations
• CWA 308 — Information Request, Records, Entry

Enforcement conclusions (1)

• STEELE CREEK SHOPPING CTR/SOUTHSTAR HOLDINGS-CAROWentered 2003-05-20

  Primary law: CWA

  Federal penalty: $7,000

Timeline (4 milestones)

• 2003-02-24Enforcement Action Data Entered
• 2003-05-20Complaint Filed/Proposed Order
• 2003-05-20Final Order Issued
• 2003-06-19Enforcement Action Closed