EPA v. GOODMAN STARR DEVELOPMENT/ PROGRESSIVE DEVELOPMENT PARTNERS OF SARDIS (WAL-MART SUPERSTORE #5036)

Case summary

4/20/04 - COMPLIANCE ORDER ISSUED. VIOLATIONS: FAILURE TO TAKE CORRECTIVE ACTION IMMEDIATELY TO CONTROL THE DISCHARGE OF SEDIMENTS. FAILURE TO PROPERLY KEEP A RECORD OF THE EROSION AND SEDIMENT CONTROL FACILITY INSPECTIONS. FAILURE TO ADEQUATELY INSTALL AND/OR MAINTAIN TEMPORARY OR PERMANENT MEASURES TO CONTROL AND RETAIN SEDIMENT, INCLUDING SILT FENCING; FAILURE TO INSTALL AND/OR MAINTAIN OUTFALL PROTECTION AT SEDIMENTATION BASIN #1; LACK OF ADEQUATE GROUNDCOVER AROUND THE SEDIMENTATION BASINS; LACK OF DIVERSION DITCHES AND CHECK DAMS AS SHOWN ON THE PLAN; FAILURE TO MAINTAIN ROCK FILTER RING AT SITE OUTFALL; AND INADEQUATE SLOPE GRADES ON SEDIMENTATION BASINS. ORDER REQUIRES: WITHIN 7 CALENDAR DAYS, GOODMAN STARR AND PROGRESSIVE SHALL TAKE CORRECTIVE ACTION TO CONTROL THE DISCHARGE OF SEDIMENTS FROM THE FACILITY, INCLUDING MAINTENANCE OF THE ROCK FILTER RING AROUND THE CULVERT AT THE SITE OUTFALL. WITHIN 7 CALENDAR DAYS, GOODMAN STARR AND PROGRESSIVE SHALL INSTALL CHECK DAMS AND DIVERSION DITCHES AS SHOWN ON THE PLAN AT THE FACILITY, TO DIRECT THE FLOW OF WATER AND SEDIMENT INTO SEDIMENTATION BASINS. WITHIN 7 CALENDAR DAYS, GOODMAN STARR AND PROGRESSIVE SHALL PROVIDE OPERATION AND MAINTENANCE BY REPAIRING THE SILT FENCE IN NEED OF MAINTENANCE ALONG THE NORTHERN ND EASTERN BOUNDRY OF THE SITE, AND PROVIDE OUTLET PROTECTION, STABILIZATION, AND ADEQUATE SLOPES AT THE SEDIMENTATION BASINS. WITHIN 14 CALENDAR DAYS, GOODMAN STARR AND PROGRESSIVE SHALL PROVIDE WRITTEN NOTIFICATION STATING WHEN THE REPAIRS OR MAINTENANCE AS REQUIRED WERE ACHIEVED. GOODMAN STARR AND PROGRESSIVE SHALL ADEQUATELY DOCUMENT EROSION AND SEDIMENT CONTROL FACILITY INSPECTIONS AT THE FACILITY. EVERY 30 CALENDAR DAYS, FOR A PERIOD OF 3 MONTHS, GOODMAN STARR AND PROGRESSIVE SHALL SUBMIT COPIES OF ALL INSPECTION REPORTS TO EPA AND THE CITY OF CHARLOTTE - LAND DEVELOPMENT DIVISION.

Defendants (3)

• WAL-MART SUPERSTORE #5036Named in settlement
• GOODMAN STARR DEVELOPMENT, LLCNamed in settlement
• PROGRESSIVE DEVELOPMENT PARTNERS OF SARDIS, LLCNamed in settlement

Facilities (1)

• WAL-MART SUPERSTORE #5036

  1829 GALLERIA BLVD., CHARLOTTE, NC, 28270

  Registry ID: 110017721580

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• WAL-MART SUPERSTORE #5036entered 2004-04-20

  Primary law: CWA

Timeline (3 milestones)

• 2004-04-20Final Order Issued
• 2004-07-01Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed