EPA v. OVERCASH GRAVEL AND GRADING CO. (YATES MILL SUBDIVISION)

Case summary

6/14/04 - COMPLIANCE ORDER ISSUED. RESPONDENT FAILED TO COMPLY WITH THE PERMIT AT THE FACILITY AS FOLLOWS: FAILING TO TAKE CORRECTIVE ACTION IMMEDIATELY TO CONTROL THE DISCHARGE OF SEDIMENTS. FAILING TO ADEQUATELY INSTALL AND/OR MAINTAIN TEMPORARY OR PERMANENT MEASURES TO CONTROL AND RETAIN SEDIMENT, INCLUDING INSTALLATION AND MAINTENANCE OF SILT FENCING; FAILING TO INSTALL AND/OR MAINTAIN INLET PROTECTION; FAILING TO ADEQUATELY INSTALL OR MAINTAIN SEDIMENTATION BASINS AND SEDIMENT TRAPS; FAILING TO INSTALL DIVERSION DITCHES; LACK OF ADEQUATE GROUNDCOVER ON THE SLOPES OF SEDIMENTATION BASINS AND TRAPS; LACK OF GRAVEL ON ENTRANCES/EXITS; AND LACK OF GROUNDCOVER ON LOTS AND BASINS THROUGHOUT SITE WHERE CONSTRUCTION HAS BEASED FOR MORE THAN 15 DAYS. ORDER REQUIRES: WITHIN 7 CALENDAR DAYS, OVERCASH SHALL TAKE CORRECTIVE ACTION TO CONTROL THE DISCHARGE OF SEDIMENTS FROM THE FACILTY, INCLUDING THE INSTALLATION AND MAINTENANCE OF SILT FENCES; INSTALLATION AND/OR MAINTENANCE OF INLET PROTECTION; ADEQUATE GROUNDCOVER ON THE SLOPES OF SEDIMENTATION BASINS AND TRAPS; GRAVEL ON ENTRANCES/EXITS; AND GROUNDCOVER ON LOTS AND BASINS THROUGHOUT SITE WHERE CONSTRUCTION HAS CEASED FOR MORE THAN 15 DAYS. WITHIN 7 CALENDAR DAYS, OVERCASH SHALL INSTALL AND MAINTAIN SEDIMENTATION BASINS, SEDIMENT TRAPS, AND DIVERSION DITCHES AS SHOW ON THE PLAN AT THE FACILITY. WITHIN 7 CALENDAR DAYS, OVERCASH SHALL PROVIDE OPERATION AND MAINTENANCE BY INSTALLING, REPAIRING, AND MAINTAINING SILT FENCES; INSTALLING AND/OR MAINTAINING INLET PROTECTION; INSTALLING AND MAINTAINING SEDIMENTATION BASINS, SEDIMENT TRAPS, AND DIVERSION DITCHES; PROVIDING ADEQUATE GROUNDCOVER ON THE SLOPES OF SEDIMENTATION BASINS AND TRAPS; PROVIDING GRAVEL ON ENTRANCES/EXITS; AND PROVIDING GROUNDCOVER ON LOTS AND BASINS THROUGHOUT SITE WHERE CONSTRUCTION HAS CEASED FOR MORE THAN 15 DAYS. WITHIN 14 CALENDAR DAYS, OVERCASH SHALL PROVIDE WRITTEN NOTIFICATION STATING WHEN THE REPAIRS, INSTALLATION AND/OR MAINTENANCE WERE COMPLETED. OVERCASH SHALL IMMEDIATELY INSTITUTE AN INSPECTION PROGRAM AT ITS FACILITY. WITHIN 14 CALENDAR DAYS, OVERCASH SHALL SUBMIT WRITTEN CERTIFICATION THAT THE INSPECTION PROGRAM HAS BEEN INSTITUTED AT ITS FACILITY TO ADEQUTELY DOCUMENT EROSION AND SEDIMENT CONTROL. EVERY 30 CALENDAR DAYS, FOR A PERIOD OF THREE MONTH, OVERCASH SHALL SUBMIT COPIES OF ALL INSPECTION REPORTS TO EPA AND CABARRUS COUNTY

Defendants (1)

• OVERCASH GRAVEL AND GRADING CO.Named in settlement

Facilities (1)

• YATES MILL SUBDIVISION

  PITTS SCHOOL ROAD, CONCORD, NC, 28027

  Registry ID: 110017752038

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• OVERCASH GRAVEL AND GRADING CO. (YATES MILL SUBDIVISION)entered 2004-06-14

  Primary law: CWA

Timeline (3 milestones)

• 2004-06-14Final Order Issued
• 2004-06-30Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed