EPA v. COLDSTREAM STATION (CUTTER HOMES, LIMITED)

Case summary

12/23/03 - COMPLIANCE ORDER ISSUED. ORDER REQUIRES: A. WITHIN 7 CALENDAR DAYS OF RECEIPT OF 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 ITS FACILITY AT COLDSTREAM STATION. B. WITHIN 30 CALENDAR DAYS OF RECEIPT OF 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 ORDER, CUTTER HOMES SHALL PROVIDE WRITTEN CERTIFICATION THAT IT HAS DEVELOPED AND IMPLEMENTED ITS BMP PLAN, THAT IS 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 COMPLIANCE STORM WATER EVALUATION INSPECTION (9/16/2003) HAVE BEEN ADDRESSED: 1. INSTITUTION OF INSPECTION PROGRAMS AT ITS FACILITY WHICH COMPLY WITH PART IV.F OF THE PERMIT FOR INSPECTING ALL STORM WATER CONTROL MEASURES, DISCHARGE LOCATIONS, VEHICLE EXITS, DISTURBED AREAS AND MATERIAL STORAGE AREAS AT LEAST ONCE EVERY 7 DAYS AND WITHIN 24 HOURS AFTER 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 PERMIT. EVERY 30 CALENDAR DAYS FROM RECEIPT OF THIS ORDER, FOR A PERIOD OF 3 MONTHS, CUTTER HOMES SHALL SUBMIT COPIES OF ALL INSPECTION REPORTS TO EPA AND KDEP. 2. IMPLEMENT CONTROLS TO MINIMIZE OFF-SITE VEHICLE TRACKING OF SEDIMENTS AT THE FACILITY. 3. PROVIDE SILT FENCES OR OTHER EQUIVALENT STRUCTURAL PRACTICES ON ALL SIDE AND DOWN SLOPE BORDERS OF THE FACILITY AND PROVIDE MAINTENANCE WHICH SHALL INCLUDE REPAIRING AND INSTALLING SILT FENCING THROUGHOUT THE FACILITY. 4. SUBMIT CERTIFICATION STATEMENT GIVEN IN PART IV.H OF THE PERMIT FOR ALL CONTRACTORS OR SUBCONTRACTORS THAT WILL IMPLEMENT CONTROL MEASURES AT THE FACILITY. 5. PROVIDE INLET PROTECTION THROUGHOUT THE SITE AND PROVIDE MAINTENANCE ON INLET PROTECTION BY REMOVING SEDIMENTS AT INLETS INTO DETENTION BASIN. 6. PROVIDE MAINTENANCE OF RIPRAP AT THE INLET STRUCTURES LOCATED IN THE DETECTION BASIN/SINKHOLE BY REMOVING SEDIMENTS AND REPLACING RIPRAP AS NECESSARY. 7. PROVIDE MORE FREQUENT STREET CLEANING AT THE SITE. 8. DESIGN, INSTALL, AND IMPLEMENT THE USE OF AN ADEQUATE CONCRETE WASH DOWN AREA FOR THE SITE. 9. PROVIDE STABILIZATION OF ALL DISTURBED AREAS OF THE SITE WITHIN 21 DAYS O TEMPORARY CEASING OF CONSTRUCTION OR WITHIN 14 DAYS OF PERMANENT CEASING OF CONSTRUCTION

Defendants (1)

• CUTTER HOMES, LIMITEDNamed in settlement

Facilities (1)

• COLDSTREAM STATION (CUTTER HOMES, LIMITED)

  1988 SANDERVILLE ROAD, LEXINGTON, KY, 40511

  Registry ID: 110016763830

Statutes cited

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

Enforcement conclusions (1)

• COLDSTREAM STATION (CUTTER HOMES, LIMITED)entered 2003-12-23

  Primary law: CWA

Timeline (3 milestones)

• 2003-12-23Final Order Issued
• 2004-01-23Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed