EPA v. PROGRESSIVE DEVELOPMENT PARTNERS OF SARDIS, LLC (WALMART #5036)

Case summary

4/20/05 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,500, PAYABLE ACCORDING TO THE FOLLOWING SCHEDULE: A. WITHIN 1 MONTH, RESPONDENT SHALL PAY $1,875.00. B. WITHIN 5 MONTHS, RESPONDENT SHALL PAY $1,875.00, PLUS INTEREST. C. WITHIN 9 MONTHS, RESPONDENT SHALL PAY $1,875.00, PLUS INTEREST. D. WITHIN 13 MONTHS, RESPONDENT SHALL PAY $1,875.00, PLUS INTEREST. FACILITY: WAL-MART SUPERSTORE #5036, 1829 GALLERIA BLVD, CHARLOTTE, NC. ALLEGED VIOLATIONS: RESPONDENT FAILED TO COMPLY WIT PARTS I.B.2, II.B.1, AND II.B.2, OF THE PERMIT BY FAILING TO TAKE CORRECTIVE ACTION IMMEDIATELY TO CONTROL THE DISCHARGE OF SEDIMENTS. RESPONDENT FAILED TO COMPLY WITH PARTS I.B.3 AND II.B.1 OF THE PERMIT BY FAILING TO KEEP A COMPLETE INSPECTION RECORD OF SEDIMENT RELEASES, AND EROSION AND SEDIMENT CONTROLS AT THE FACILITY. RESPONDENT FAILED TO COMPLY WITH PARTS I.A.2, I.C.1, AND I.C.2, II.B.1, II.B.2, AND II.C.1 OF THE PERMIT BY FAILING TO INSTALL AND MAINTAIN ADEQUATE TEMPORARY OR PERMANENT MEASURES TO CONTROL AND RETAIN SEDIMENT. THEREFORE, COMPLAINANT ALLEGES THAT RESPONDENT VIOLATED SECTION 301 AND 402(p) OF THE CWA BY FAILING TO COMPLY WITH THE PERMIT AND ALSO FOR DISCHARGES NOT AUTHORIZED BY THE PERMIT

Defendants (1)

• PROGRESSIVE DEVELOPMENT PARTNERS OF SARDIS, LLCNamed in complaintNamed in settlement

Facilities (1)

• WAL-MART SUPERSTORE #5036

  UNKNOWN, UNKNOWN, NC, 00000

  Registry ID: 110016756857

Statutes cited

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

Enforcement conclusions (1)

• PROGRESSIVE DEVELOPMENT PARTNERS OF SARDIS, LLC (WALMART #5036)entered 2005-04-20

  Primary law: CWA

  Federal penalty: $7,500

Timeline (4 milestones)

• 2005-04-20Complaint Filed/Proposed Order
• 2005-04-20Final Order Issued
• 2005-04-27Enforcement Action Data Entered
• 2005-05-24Enforcement Action Closed