EPA v. Poinsett Development, LLC, The Glens Phase I, The Valleys and Glens Phase II, Gilder Creek Subdiv.

Case summary

CAFO issued 8/26/2004, assessing a penalty of $18,000. Respondent failed to adequately maintain structural practices, specifically, individual lot protection, silt fencing, check dams, curb inlet protection and sediment traps to divert flows from exposed areas, store flows, or otherwise reduce runoff and the discharge of sediments from exposed areas of the site to the degree attainable. Respondent failed to adequately design, install and maintain storm water measures; specifically, sedimentation pond maintenance, storm drain outlet protection, and rock inlet/outlet protection, to control pollutants in storm water water discharges. Respondent failed to prevent discharges which have a reasonable likelihood of having an adverse impact on either human health or the environment. Respondent failed to provide operation and maintenance of all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of the permit and the requirements of the SWPPPs. Respondent failed to comply with Parts IV.B.2, VI.D, and VI.N of the Permit

Defendants (1)

• THE GLENS PHASE I, THE VALLEYS AND GLENS PHASE II,Named in complaintNamed in settlement

Facilities (3)

• THE GLENS PHASE II AT GILDER CREEK FARMS SUBDIVISION

  INTERSECTION OF WOODRUFF ROAD AND GRESHAM ROAD, GREENVILLE, SC, 29615

  Registry ID: 110015773331

• GLENS PHASE I AND VALLEY AND GLENS PHASE II

  WOODRUFF ROAD AND GRESHAM ROAD, GREENVILLE, SC, 00000

  Registry ID: 110018926073

• THE GLENS PHASE I AT GILDER CREEK FARMS SUBDIVISION

  INTERSECTION OF WOODRUFF ROAD AND GRESHAM ROAD, GREENVILLE, SC, 29615

  Registry ID: 110015773331

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Poinsett Development, LLC, The Glens Phase I, The Valleys and Glens Phase II, Gilder Creek Subdiv.entered 2004-08-26

  Primary law: CWA

  Federal penalty: $18,000

Timeline (4 milestones)

• 2004-08-26Complaint Filed/Proposed Order
• 2004-08-26Final Order Issued
• 2004-09-14Enforcement Action Data Entered
• 2005-02-16Enforcement Action Closed