EPA v. NORTH STAR INVESTORS, II, LLC (REFLECTION POINTE PHASES 3 AND 4)

Case summary

9/28/05 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT FAILED INSPECT ALL EROSION AND SEDIMENTATION CONTROL FACILITIES AT LEAST ONCE EVEY SEVEN (7) CALENDAR DAYS AND WITHIN TWENTY-FOUR (24) HOURS AFTER ANY STORM EVENT GREATER THAN 0.5 INCHES OF RAIN PER TWENTY-FOUR HOUR PERIOD AS EVIDENCED BY RESPONDENT'S SELF-INSPECTION REPORTS. RESPONDENT FAILED TO INSPECT ALL STORM WATER RUNOFF DISCHARGES AT THE SAME FREQUENCY AS THE EROSION AND SEDIMENTATION CONTROL FACILITIES AND TAKE CORRECTIVE ACTION TO CONTROL THE DISCHARGE OF SEDIMENTS FROM THE DISTURBED LIMITS OF TH SITE AS EVIDENCED BY THE FOLLOWING: (A) LOSS OF SEDIMENT FROM THE LACK OF SILT FENCE INSTALLATION;(B) POOR MAINTENANCE AT THE BASINS IN PHASES 1 AND 3; (C) THE SEDIMENTATION IN LAKE WYLIE AND ITS TRIBUTARIES; AND (D) RESPONDENT'S SELF-INSPECTION REPORTS. RESPONDENT FAILED TO KEEP A RECORD OF INSPECTIONS WHICH RECORD VISIBLE SEDIMENTATION OUTSIDE THE DISTURBED LIMITS OF THE SITE, BY FAILING TO PROVIDE AN EXPLANATION OF MEASURES TAKEN TO CONTROL FUTURE RELEASES, AND FAILING TO TAKE MEASURES TO CLEAN UP SEDIMENT BEYOND THE DISTURBED LIMITS OF THE SITE. RESPONDENT FAILED TO ESTABLISH A GROUNDCOVER. RESPONDENT FAILED TO PROVIDE OPERATION AND MAINTENANCE NECESSARY TO OPERATE STORM WATER CONTROLS AT OPTIMUM EFFICIENCY AS EVIDENCED BY THE LACK OF STABILIZATION ON AREAS WHERE CONSTRUCTION PHASE 1 AND SEDIMENT TRAP NO 2 IN PHASE 3, THE LACK OF STABILIZATION ON AREAS WHERE CONSTRUCTION HAD CEASED FOR FOURTEEN (14) DAYS OR MORE, AND THE SEDIMENTATION CONTAINED IN LAKE WYLIE AND ITS TRIBUTARIES. RESPONDENT FAILED TO COMPLY WITH ALL CONDITIONS OF THE PERMIT. 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 OF THE ENVIRONMENT AS EVIDENCED BY THE SEDIMENTATION IN LAKE WYLIE AND ITS TRIBUTARIES. RESPONDENT FAILED TO PROPERLY OPERATE AND MAINTAIN ALL FACILITIES AND SYSTEMS OF TREATMENT AND CONTROL. IN VIOLATION OF PARTS I.A.2,I.B.1, I.B.2, I.B.3, I.C.1, I.C.2, II.B.1, II.B.2, AND II.C.1 OF THE PERMIT.

Defendants (1)

• NORTH STAR INVESTORS, II, LLC (REFLECTION POINTENamed in complaintNamed in settlement

Facilities (1)

• REFLECTION POINTE PHASES 3 & 4

  SOUTH POINT ROAD, CHARLOTTE, NC, 28277

  Registry ID: 110022320503

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• NORTH STAR INVESTORS, II, LLC (REFLECTION POINTE PHASES 3 AND 4)entered 2005-09-28

  Primary law: CWA

  Federal penalty: $6,000

Timeline (4 milestones)

• 2005-09-28Complaint Filed/Proposed Order
• 2005-09-28Final Order Issued
• 2005-09-29Enforcement Action Data Entered
• 2005-10-11Enforcement Action Closed