EPA v. CUTTER HOMES, LIMITED (THE VILLAGE AT DUCKERS LAKE) (COMPLIANCE ORDER)

Case summary

1/22/03 - COMPLIANCE ORDER ISSUED. ON SEPTEMBER 16, 2003, REPRESENTATIVES OF EPA IN CONJUNCTION WITH KDEP, PERFORMED A COMPLIANCE STORM WATER EVALUATION INPSECTION (CSWEI) AT THE FACILITY 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 FACILITY 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 FACILITY. 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 FACILITY. DURING THE CSWEI, INSPECTORS MADE THE FOLLOWING OBSERVATIONS: A. THE BEST MANAGEMENT PRACTICES (BMP) PLANS WERE NOT MAINTAINED ON SITE OR PRODUCED DURING THE CSWEI. B. THERE WERE NO RECORDS OF INSPECTIONS OF STORM WATER CONTROL MEASURES FOR THE FACILITY PRODUCED DURING THE CSWEI. C. SILT FENCING WAS NOT IN PLACE AROUND INDIVIDUAL LOTS UNDER CONSTRUCTION. D. INLET AND OUTLET PROTECTION WAS NONEXISTENT. E. CONSTRUCTION ENTRANCES AND EXITS AROUDN INDIVIDUAL LOTS WERE NOT PROTECTED ALLOWING SEDIMENTS TO BE TRANSFERRED TO THE PAVED STREETS. F. DUMPSTERS IN PHASE I WERE OVERFLOWING WITH TRASH/DEBRIS, AND NEEDED TO BE EMPTIED. DEBRIS LITTERED PHASE II AND SHOULD BE REMOVED. G. CONCRETE WASH-OUT AREAS WERE NOT EVIDENT AT THE FACILITY

Defendants (1)

• CUTTER HOMES, LIMITEDNamed in settlement

Facilities (1)

• THE VILLAGE AT DUCKERS LAKE

  VILLAGE DRIVE AND HIGHWAY 121, FRANKFORT, KY, 40601

  Registry ID: 110017346996

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• CUTTER HOMES, LIMITED (THE VILLAGE AT DUCKERS LAKEentered 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