EPA v. CUTTER HOMES, LIMITED - WALNUT CREEK, PHASES I, II, AND III (COMPLIANCE ORDER)

Case summary

12/19/03- COMPLIANCE ORDER ISSUED. ON SEPTEMBER 16, 2003, REPRESENTATIVES OF EPA IN CONJUNCTION WITH KDEP, PERFORMED A COMPLIANCE STORM WATER EVALUATION INPSECTION (CSWEI) AT THE FACILITIES TO EVALUATE THE TREATMENT AND DISPOSAL OF STORM WATER IN ACCORDANCE WITH THE CWA AND THE REGULATIONS PROMULGATED THEREUNDER AT 40 CFR 126.26. DURING THE CSWEI, INSPECTORS NOTED DISCHARGES OF STORM WATER FROM THE FACILITIES INTO WATERS OF THE U.S. CUTTER HOMES FAILED TO SUBMIT AN APPLICATION FOR AN INDIVIDUAL PERMIT, APPLY FOR A PERMIT THROUGH A GROUP APPLICATION, OR SEEK PERMIT COVERAGE VIA A NOI TO KDEP FOR ITS FACILITIES. THEREFORE, CUTTER HOMES HAS VIOLATED SECTIONS 301 AND 402(p) OF THE CWA BY FAILING TO OBTAIN COVERAGE UNDER THE KPDES PERMIT FOR STORM WATER DISCHARGES FROM ITS FACILITIES. DURING THE CSWEI, INSPECTORS MADE THE FOLLOWING OBSERVATIONS: A. THE BEST MANAGEMENT PRACTICES (BMP) PLANS WERE NOT MAINTAINED ON SITE. THE BMP PLANS WERE BROUGHT TO THE SITE BY CUTTER HOMES'S ENGINEERING FIRM. B. THERE WERE NO RECORDS OF INSPECTIONS OF STORM WATER CONTROL MEASURES FOR THE FACILITIES PRODUCED DURING THE CSWEI. C. SILT FENCING WAS EITHER NOT IN PLACE, IMPROPERLY PLACED OR IMPROPERLY MAINTAINED THROUGHOUT PAST I, INCLUDING NO SILT FENCING AROUND SOME INDIVIDUAL LOTS UNDER CONSTRUCTION, SILT FENCING ONLY TWO FEET FROM THE PAVED ROAD ON SOME INDIVIDUAL LOTS, NO PERIMETER FENCING BETWEEN PHASE I AND ADJACENT CONSTRUCTION SITES, AND NO SILT FENCING AROUND TOPSOIL STOCKPILES. IN ADDITION, THERE WAS NO SILT FENCING AROUND TOPSOIL STOCKPILES ON PHASE III, AND SILT FENCING HAD BEEN REMOVED AT PHASE II. D. INLET AND OUTLET PROTECTION WERE EITHER NONEXISTENT OR NEEDED MAINTENANCE. STONE BAGS BEING USED FOR PROTECTION WERE EITHER BROKEN OR DID NOT COVER THE STORM DRAINS IN PHASES I AND II. E. SEDIMENT TRAPS WERE NOT MAINTAINED AT PHASE I; THEY CONTAINED SEDIMENTS WHICH NEEDED REMOVAL. F. RIP RAP INSTALLED IN THE DISCHARGE CHANNELS AND OUTFALL STRUCTURES WERE NOT MAINTAINED AT PHASES I AND II; THE RIPRAP CONTAINED SEDIMENTS AND NEEDED TO BE CLEANED. G. SEDIMENTS HAD BEEN DISCHARGED FROM THE FACILITIES INTO THE CITY OF LEXINGTON RETENTION POND AND SHOULD BE REMOVED. H. CONSTRUCTION ENTRANCES AND EXITS AROUND INDIVIDUAL LOTS ON PHASE I AND PHASE II LACKED GRAVEL; SEDIMENTS WERE BEING TRANSFERRED TO THE PAVED STREETS. I. DUMPSTERS IN PHASE I WERE OVERFLOWING WITH TRASH/DEBRIS, AND NEEDED TO BE EMPTIED. DEBRIS LITTERED PHASE II AND SHOULD BE REMOVED. J. STREETS IN PHASE I CONTAINED SEDIMENTS AND SHOULD BE CLEANED. K. THE CONCRETE WASH-OUT AREAS IN PHASE I SHOULD BE REWORKED SO THAT THE CONCRETE WILL NOT CARRY ONTO THE PAVED STREETS. CONCRETE WASH-OUT AREAS SHOULD BE DESIGNED FOR ALL PHASES OF THE FACILITIES. L. THERE WERE NO CONTRACTOR AND SUBCONTRACTOR CERTIFICATIONS AT THE FACILITI

Defendants (1)

• CUTTER HOMES, LIMITEDNamed in settlement

Facilities (1)

• WALNUT CREEK PHASES I, II, AND III

  HAYES BOULEVARD AND WALNUT CREEK DRIVE, LEXINGTON, KY, 405094491

  Registry ID: 110015978780

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• CUTTER HOMES, LTD (WALNUT CREEK PHASES 1, 2, & 3)entered 2003-12-19

  Primary law: CWA

Timeline (3 milestones)

• 2003-12-19Final Order Issued
• 2004-02-19Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed