EPA v. Elkhorn-Green Subdivision (Cutter Homes, Limited)

Case summary

12/22/03 - COMPLIANCE ORDER ISSUED. CUTTER HOMES OWNS AND/OR OPERATES CONSTRUCTION SITE KNOWN AS ELKHORN-GREEN SUBDIVISION LOCATED AT U.S. 460 AND CRUMBAUGH PIKE, GEORGETOWN, KY WHICH DISCHARGES STORMWATER INTO ELKHORN CREEK. ON SEPTEMBER 17, 2003, REPRESENTATIVES OF EPA IN CONJUNCTION WITH KDEP PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI) AT TEH FACILITY TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER IN ACCORDANCE WITH THE CWA AND THE REGULATIONS PROMULAGED THEREUNDER AT 40 CFR 126.26. DURING THE CSWEI, INSPECTORS NOTED DISCHARGES OF STORMWATER 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 STORMWATER DISCHARGES FROM ITS FACILITY. DURING THE CSWEI, INSPECTORS MADE THE FOLLOWING OPERATIONS: A. THE BEST MANAGEMENT PRACTICES (BMP) PLAN WAS NOT MAINTAINED ONSITE BUT WAS PRODUCED BY THE ENGINEER DURING THE CSWEI. B. THERE WERE NO RECORDS OF INSPECTIONS OF STORMWATER CONTROL MEASURES FOR THE FACILITY PRODUCED DURING THE CSWEI. C. SILT FENCING HAD NOT BEEN INSTALLED AS SPECIFIED BY THE BMP PLAN AROUND THE PERIMETER OF THE SITE OR ALONG FOX RUN ROAD. SILT FENCING HAD NOT BEEN TRENCHED AT LOT NO. 485 AND WAS LEANING; OTHER AREAS OF THE SITE HAD FENCING THAT HAD NOT BEEN TRENCHED AS WELL; I.E., TO THE EAST OF RABBIT RUN. THE SILT FENCE ALONG LOT NO. 486 HAD FALLEN AND ALLOWED SEDIMENTS INTO THE VEGETATIVE BUFFER. SILT FENCING ALONG ONE DIVERSION DITCH WAS ALLOWING SEDIMENTS TO BE DISCHARGED. D. INLET AND OUTLET PROTECTION HAD NOT YET BEEN INSTALLED AS REQUIRED BY THE BMP PLAN DUE TO THE PERIOD OF CONSTRUCTION. E. CONSTRUCTION ENTRANCED AND EXITS WERE NOT PROTECTED ALLOWING SEDIMENTS TO BE TRANSFERRED TO THE PAVED STREETS. F. ONE DIVERSION DITCH HAD BEEN INSTALLED AS REQUIRED BY THE BMP PLAN; HOWEVER, THE VELOCITY OF STORMWATER HAD CAUSED THE SILT FENCING TO FALL AND ALLOWED SEDIMENTS TO BE DISCHARGED. THIS STRUCTURE SHOULD BE RE-EVALUATED. THE SECOND DIVERSION DITCH HAD NOT YET BEEN INSTALLED. G. RIPRAP AT THE EXISTING STORMWATER MANHOLE ADJACENT TO THE HIGHWAY WAS OVERGROWN WITH WEEDS AND NEEDED MAINTENANCE. H. SOLID WASTE AND OTHER WASTE DISPOSAL SYSTEMS WERE NOT ADDRESSED ON THE BMP PLAN. I. CONCRETE WASH-OUT AREAS WERE NOT EVIDENCE AT THE FACILITY AND WERE NOT ADDRESSED BY THE BMP PLAN. J. CONTRACTOR AND SUB-CONTRACTOR CERTIFICATIONS WERE NOT A REQUIREMENT OF THE BMP PLAN. ORDER REQUIRES: A. WITHIN 7 CALENDAR DAYS OF RECEIPT OF THIS ORDER, CUTTER HOMES SHALL EITHER SUBMIT TO KDEP AND EPA AN INDIVIDUAL PERMIT APPLICATION, OR APPLY FOR COVERAGE UNDER THE KPDES PERMIT VIA AN NOI FOR THE ELKHORN-GREEN SUBDIVISION. B. WITHIN 30 CALENDAR DAYS OF RECEIPT OF THIS ORDER, AND AFTER SUBMITTAL OF THE NOI, CUTTER HOMES SHALL DEVELOP AND IMPLEMENT A BMP PLAN FOR ITS FACILITY AS REQUIRED BY PART IV OF THE PERMIT. WITHIN 40 CALENDAR DAYS OF RECEIPT OF THIS ORDER, CUTTER HOMES SHALL PROVIDE WRITTEN CERTIFICATION THAT IT HAS DEVELOPED AND IMPLEMENTED ITS BMP PLAN, THAT IT KEEPS A COPY OF THE BMP PLAN ON SITE, AND THAT ITS BMP PLAN COMPLIES WITH PART IV OF THE PERMIT. IN ADDITION, CUTTER HOMES' CERTIFICATION MUST ALSO PROVIDE DOCUMENTATION THAT THE FOLLOWING DEFICIENCIES NOTED DURING THE CSWEI HAVE BEEN ADDRESSED: 1. INSTITUTION OF AN INSPECTION PROGRAM AT ITS FACILITY WHICH COMPLIES WITH PART IV.F OF THE PERMIT FOR INSPECTING ALL STORMWATER CONTROL MEASURES, DISCHARGE LOCATIONS, VEHICLE EXITS, DISTURBED AREAS AND MATERIAL STORAGE AREAS AT LEAST ONCE EVERY 7 CALENDAR DAYS AND WITHIN 24 HOURS OF ANY STORM EVENT OF 0.5 INCHES OF RAIN OR GREATER. CUTTER HOMES SHALL ENSURE THAT REPORTS OF INSPECTIONS ARE KEPT IN ACCORDANCE WITH PART IV.F OF THE PERMI

Defendants (1)

• CUTTER HOMES, LIMITEDNamed in settlement

Facilities (1)

• ELKHORN GREEN SUBDIVISION (CUTTER HOMES)

  US 460 AND CRUMBAUGH PIKE, GEORGETOWN, KY, 40324

  Registry ID: 110009944917

Statutes cited

• CWA 308 — Information Request, Records, Entry
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• ELKHORN-GREEN SUBDIVISION (CUTTER HOMES, LIMITED)entered 2003-12-22

  Primary law: CWA

Timeline (3 milestones)

• 2003-12-22Final Order Issued
• 2004-01-09Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed