EPA v. SITE ONE, LLC AND/OR BEACHWOOD, LLC (COLE CREEK TOWN HOMES)

Case summary

6/10/04 - COMPLIANCE ORDER ISSUED. ON APRIL 27, 2004, EPA, YORK COUNTY STORM WATER DIVISION, AND THE SC DEPT OF HEALTH AND ENVIRONMENTAL CONTROL (SCDHEC) PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI) ON SITE ONE, LLC AND/OR BEACHWOOD LLC'S SITE KNOWN AS COLE CREEK TOWN HOMES. THE CSWEI REVEALED THAT RESPONDENT'S FAILED TO COMPLY WITH THE PERMIT AT THE FACILITY BY: 1. FAILING TO PROPERLY MAINTAIN AND/OR INSTALL THE FOLLOWING EROSION AND SEDIMENT CONTROLS: SILT FENCING, SEDIMENT TRAPS, AND STORM DRAIN INLET PROTECTIONS AROUND THE ENTIRE SITE. 2. FAILING TO CONDUCT LAND DISTURBING ACTIVITIES IN ACCORDANCE WITH THE APPROVED PLAN. 3. FAILING TO MAINTAIN COMPLETE RECORDS OF THE EROSION AND SEDIMENT CONTROL INSPECTIONS. ORDER REQUIRES: 1. RESPONDENT SHALL PROVIDE OPERATION AND MAINTENANCE BY REPAIRING SILT FENCING THROUGHOUT THE SITE AND INSTALLING PROTECTION AT STORM DRAIN INLETS THROUGHOUT THE SITE TO PREVENT SEDIMENT DISCHARGE OFF-SITE IN THE FUTURE, WITHIN 7 DAYS OF RECEIPT OF THIS ORDER. 2. RESPONDENTS SHALL CLEAN AND MAINTAIN ALL SEDIMENTATION PONDS WITHIN 7 DAYS OF RECEIPT OF THIS ORDER, BY IMPLEMENTING AT A MINIMUM THE FOLLOWING: REMOVING SEDIMENT FROM PONDS, PROVIDING ROCK PROTECTION AROUND RISERS IN SEDIMENTATION PONDS, PROVIDING INLET PIPE PROTECTION AND OUTFALL PROTECTION AT PONDS, AND REDESIGNING OUTLET PROTECTION AT THE POND LOCATED ON THE SOUTHERN PORTION OF THE SITE TO PREVENT SEDIMENT DISCHARGE OFF-SITE IN THE FUTURE. RESPONDENT SHALL MODIFY THE SWPPP WITHIN 7 DAYS OF RECEIPT OF THIS ORDER. 3. RESPONDENTS MUST IMMEDIATELY UPON RECEIPT OF THIS ORDER, INSTITUTE AN INSPECTION PROGRAM, IF ONE DOES NOT ALREADY EXIST, WHICH COMPLIES WITH PART IV.D.4 OF THE PERMIT, FOR ALL DISTURBED AREAS AND AREAS USED FOR STORAGE OF MATERIALS THAT ARE EXPOSED TO PRECEIPTATION, ALL EROSION AND SOIL CONTROL MEASURES INDENTIFIED IN THE SWPPP, ALL DISCHARGE LOCATION, AND ALL VEHICLE ENTRY AND EXIT LOCATIONS WITH 24 HOURS AFTER ANY STORM EVENT GREATER THAN 0.5 INCHES OF RAIN OR GREATER. 4. RESPONDENTS SHALL SUBMIT WRITTEN CERTIFICATION TO EPA AND SCDHEC THAT AN INSPECTION PROGRAM HAS BEEN INSTITUTED OR A PROJECTED DATE FOR ITS IMPLEMENTATION AND THE REASONS FOR ANY DELAYS NOT LATER THAN 14 DAYS OF RECEIPT OF THIS ORDER. RESPONDENTS SHALL ENSURE THAT RECORDS OF ALL INSPECTIONS ARE BEING KEPT IN ACCORDANCE WITH PART IV.D.4.d OF THE PERMIT. 5. RESPONDENTS SHALL SUBMIT COPIES OF ALL INSPECTION REPORTS TO EPA AND SCDHEC WITHIN 14 DAYS OF RECEIPT OF THIS ORDER, BEGINNING AT THE STARTY OF CONSTRUCTION TO PRESENT. RESPONDENTS SHALL ALSO SUBMIT COPIES OF ALL INSPECTION REPORTS TO EPA FOR A PERIOD OF 3 MONTHS FROM RECEIPT OF THIS ORDER EVERY 30 DAYS FOLLOWING IMPLEMENTATION OF THE INSPECTION PROGRAM. 6. RESPONDENTS SHALL PROVIDE WRITTEN CERTIFICATION WITHIN 20 DAYS OF RECEIPT OF THIS ORDER TO BOTH EPA AND SCDHEC, THAT THOSE REQUIREMENTS IN PARAGRAPHS 35 AND 36 HAVE BEEN COMPLETED AND THAT THE SWPPP HAS BEEN MODIFIED.

Defendants (2)

• SITE ONE, LLCNamed in settlement
• BEACHWOOD LLCNamed in settlement

Facilities (1)

• COLE CREEK TOWN HOMES

  FLINT ROAD NEAR PIKEVIEW ROAD, ROCK HILL, SC, 29732

  Registry ID: 110017839614

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• SITE ONE, LLC AND/OR BEACHWOOD, LLC (COLE CREEK TOWN HOMES)entered 2004-06-10

  Primary law: CWA

Timeline (3 milestones)

• 2004-06-10Final Order Issued
• 2004-06-10Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed