EPA v. JOHN WIELAND HOMES, INC. (BROOKHAVEN SUBDIVISION PHASE 1)

Case summary

4/20/04 - COMPLIANCE ORDER ISSUED. VIOLATIONS: FAILURE TO TAKE CORRECTIVE ACTION IMMEDIATELY TO CONTROL THE DISCHARGE OF SEDIMENTS; FAILURE TO MAINTAIN A RECORD OF THE EROSION AND SEDIMENT CONTROL FACILITY INSPECTIONS; FAILURE TO ADEQUATELY INSTALL AND/OR MAINTAIN TEMPORARY OR PERMANENT MEASURES THROUGHOUT THE SITE TO CONTROL AND RETAIN SEDIMENT, INCLUDING SILT FENCING; STORM INLET PROTECTION; OUTFALL PROTECTION; LAKE OF ADEQUATE GROUNDCOVER AROUND THE SLOPES AND SEDIMENTATION BASINS; LACK OF DIVERSION DITCHES AND CHECK DAMS; LACK OF STREAM CROSSING MEASURES; AND INADQUATE SLOPE GRADES, CONSTRUCTION, AND MAINTENANCE ON SEDIMENTATION BASINS AND SILT TRAPS. ORDER REQUIRES: WITHIN 7 CALENDAR DAYS, WIELAND SHALL TAKE CORRECTIVE ACTION TO CONTROL THE DISCHARGE OF SEDIMENTS FROM THE FACILITY, INCLUDING SILT FENCING INSTALLATION AND MAINTENANCE NEAR THE CREEK, INSTALLATION OF EROSION CONTROLS AT ALL STREAM CROSSING AND BRIDGE CONSTRUCTION. WITHIN 7 CALENDAR DAYS, WIELAND SHALL INSTALL CHECK DAMS AND DIVERSION DITCHES AS SHOWN ON THE PALN AT THE FACILITY, TO DIRECT THE FLOW OF WATER AND SEDIMENT INTO SILT TRAPS AND SEDIMENTATION BASINS. WITHIN 7 CALENDAR DAYS, WIELAND SHALL PROVIDE OPERATION AND MAINTENANCE BY REPAIRING THE SILT FENCE IN NEED OF MAINTENANCE THROUGHOUT THE SITE; PROVIDING OUTLET PROTECTION, WEIR MAINTENANCE, STABILIZATION, AND ADEQUATE SLOPES AT THE SEDIMENTATION BASINS; PROVIDING STORM INLET PROTECTION; MAINTAINING SILT TRAPS AND SEDIMENTATION BASINS UNTIL DRAINAGE AREA IS STABILIZED. WIELAND MUST IMMEDIATELY INSTITUTE AN INSPECTION PROGRAM, IF ONE DOES NOT EXIST, FOR ALL EROSION AND SOIL CONTROL MEASURES IDENTIFIED IN THE PLAN, ALL DISCHARGE LOCATIONS, AT LEAST ONCE EVERY 7 CALENDAR DAYS AND WITHIN 24 HOURS AFTER ANY STORM EVENT GREATER THAN 0.5 INCHES OF RAIN OR GREATER. WITHIN 14 CALENDAR DAY, WIELAND SHALL PROVIDE WRITTEN NOTIFICATION STATING WHEN THE REPAIRS OR MAINTENANCE WERE ACHIEVE. WIELAND SHALL ADEQUATELY DOCUMENT EROSION AND SEDIMENT CONTROL FACILITY INSPECTIONS AT THE FACILITY. EVERY 30 CALENDAR DAYS, FOR A PERIOD OF 3 MONTHS, WIELAND SHALL SUBMIT COPIES OF ALL INSPECTION REPORTS TO EPA AND TO THE MOORESVILLE REGIONAL OFFICE, NCDENR

Defendants (1)

• JOHN WIELAND HOMES, INC.Named in settlement

Facilities (1)

• BROOKHAVEN SUBDIVISION PHASE I

  ANTIOCH CHURCH ROAD & FOREST LAWN DRIVE, INDIAN TRAIL, NC, 00000

  Registry ID: 110017721928

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• JOHN WIELAND HOMES, INC. (BROOKHAVEN SUBDIVISION PHASE 1)entered 2004-04-20

  Primary law: CWA

Timeline (3 milestones)

• 2004-04-20Final Order Issued
• 2004-06-30Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed