EPA v. REAL ESTATE DEVELOPMENT PARTNERS - FOOD LION/WINECOFF COMMONS

Case summary

9/28/05 - CONSENT AGREEMENT AND FINAL ORDER, ASSESSING A PENALTY OF $33,000. RESPONDENT SHALL MAKE INSTALLMENT PAYMENTS. THE FIRST PAYMENT OF $11,000 BEGINNING SEPTEMBER 15, 2005. THE LAST PAYMENT OF $11,054 DUE BY JUNE 16, 2006. RESPONDENT FAILED TO IMPLEMENT THE APPROVED EROSION AND SEDIMENT CONTROL PLAN ( PLAN ). RESPONDENT FAILED TO INSPECT ALL EROSION AND SEDIMENTATION CONTROL FACILITIES, MAINTAIN A RAIN GAUGE ON THE SITE, AND KEEP RECORDS OF RAINFALL AMOUNTS AND DATES. RESPONDENT FAILED TO INSPECT ALL STORM WATER RUNOFF DISCHARGES AND TAKE CORRECTIVE ACTION IMMEDIATELY TO CONTROL THE DISCHARGE OF SEDIMENTS IF ANY VISIBLE SEDIMENTATION LEAVES THE DISTURBED LIMITS OF THE SITE. RESPONDENT FAILED TO KEEP A RECORD OF INSPECTIONS. RESPONDENT FAILED TO COMPLY WITH FINAL LIMITATIONS AND CONTROLS. RESPONDENT FAILED TO PROVIDE OPERATION AND MAINTENANCE NECESSARY TO OPERATE STORM WATER CONTROLS AT OPTIMUM EFFICIENCY. RESPONDENT FAILED TO COMPLY WITH ALL CONDITIONS OF THE PERMIT, INCLUDING FAILURE TO CONDUCT THE DISCHARGE OF SEDIMENT FROM THE SITE, FAILURE TO PERFORM OPERATION AND MAINTENANCE OF EROSION CONTROL MEASURES. RESPONDENT FAILED TO TAKE ALL REASONABLE STEPS TO MINIMIZE OR PREVENT ANY DISCHARGE IN VIOLATION OF THE PERMIT WHICH HAS A REASONABLE LIKELIHOOD OF ADVERSELY AFFECTING HUMAN HEALTH OR THE ENVIRONMENT. RESPONDENT FAILED TO PROPERLY OPERATE AND MAINTAIN ALL FACILITIES AND SYSTEMS OF TREATMENT AND CONTROL. RESPONDENT VIOLATED SECTION 301 AND 402(p) OF THE CWA BY FAILING TO COMPLY WITH PARTS I.A.2, IB1, IB.W, I.B.3, I.C.1, I.C.2, II.B.1, II.B.2, AND II.C.1 OF THE PERMIT, AND ALSO DISCHARGES NOT AUTHORIZED BY THE PERMIT.

Defendants (1)

• REAL ESTATE DEVELOPMENT PARTNERS- FOOD LION/WINECONamed in complaintNamed in settlement

Facilities (1)

• FOOD LION/WINECOFF COMMONS

  WINECOFF SCHOOL ROAD, KANNAPOLIS, NC, 28081

  Registry ID: 110022320282

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• REAL ESTATE DEVELOPMENT PARTNERS - FOOD LION/WINECOFF COMMONSentered 2005-09-28

  Primary law: CWA

  Federal penalty: $33,000

Timeline (4 milestones)

• 2005-09-28Complaint Filed/Proposed Order
• 2005-09-28Final Order Issued
• 2005-09-29Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed