EPA v. PORTER DEVELOPMENT COMPANY, LLC (SHELBY STATION)

Case summary

9/26/05 - COMPLAINT FILED. ON JUNE 1, 2004, RESPONDENT SUBMITTED A NOTICE OF INTENT (NOI) REQUESTING PERMIT COVERAGE TO THE TDEC. A NOTICE OF COVERAGE WAS SENT TO RESPONDENT WITH AN EFFECTIVE DATE OF JUNE 29, 2004. RESPONDENT DOES NOT NEED TO SUBMIT A NEW NOI FOR COVERAGE UNDER THE REISSUED PERMIT. ON APRI 27, 2005, REPRESENTATIVES OF EPA IN CONJUNCTION WITH THE TDEC-MEMPHIS ENVIRONMENTAL ASSISTANCE CENTER PERFORMED A CMOPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI) AT RESPONDENT'S FACILITY. EPA'S CSWEI WAS TO EVALUATE THE TREATMENT AND DISPOSAL OF STORM WATER AT THE FACILITY IN ACCORDANCE WITH CWA, THE REGULATIONS PROMULGATED THEREUNDER AT 40 CFR 122.26 AND THE TDEC PERMIT. THE CSWEI REVEALED THAT RESPONDENT FAILED TO COMPLY WITH PART III.D.1 OF THE PERMIT BY DISCHARGING STORM WATER IN VIOLATION OF WATER QUALITY STANDARDS AT THE DIVERSION DITCHES AND AT THE STREAM CROSSINGS. THE CSWEI REVEALED THAT RESPONDENT FAILED TO COMPLY WITH PART III.F OF THE PERMIT BY FAILING TO PROVIDE EVIDENCE THAT WEEKLY SELF INSPECTIONS HAVE BEEN CONDUCTED. THE CSWEI REVEALED THAT RESPONDENT FAILED TO COMPLY WITH PART IV.B.2 OF THE PERMIT BY FAILING TO POST A NOTICE OF COVERAGE AT THE ENTRANCE OF THE SITE. THE CSWEI REVEALED THAT RESPONDENT FAILED TO COMPLY WITH PART IV.D.2.a.i(a) OF THE PERMIT BY FAILING TO INSTALL SEDIMENT BASINS OR TRAPS ACCORDING TO THE APPROVED STORM WATER POLLUTION PREVENTION PLAN (SWPPP). THE CSWEI REVEALED THAT RESPONDENT FAILED TO COMPLY WITH PART IV.D.2.a.i.(c) OF THE PERMIT BY ALLOWING SEDIMENT TO ACCUMULATE IN THE RECEIVING WATERS. THE CSWEI REVEALED THAT RESPONDENT FAILED TO COMPLY WITH PART IV.D.2.a.i.(i) OF THE PERMIT BY FAILING TO MAINTAIN RECORDS REGARDING MAJOR GRADING ON SITE. THE CSWEI REVEALED THAT RESPONDENT FAILED TO COMPLY WITH PART IV.D.2.a.ii OF THE PERMIT BY FAILING TO INITIATE STABILIZATION MEASURES THROUGHOUT THE ENTIRE SITE. THE CSWEI REVEALED THAT RESPONDENT FAILED TO COMPLY WITH PART IV.D.2.c.ii OF THE PERMIT BY FAILING TO INSTALL THE PROPER CONSTRUCTION ENTRANCE/EXIT AT SHELBY DRIVE IN ACCORDANCE WITH THE APPROVED PLAN. THE CSWEI REVEALED THAT RESPONDENT FAILED TO COMPLY WITH PART IV.D.4.b.ii OF THE PERMIT BY FAILING TO CONDUCT WEEKLY INSPECTIONS. THE CSWEI REVEALED THAT RESPONDENT FAILED TO COMPLY WITH PART VI.A OF THE PERMIT BY FAILING TO RETAIN ALL RECORDS OF INSPECTION AND ANY CORRECTIVE ACTIONS NEEDED ONSITE. THE CSWEI REVEALED THAT RESPONDENT FAILED TO COMPLY WITH PART VII.D OF THE PERMIT BY FAILING TO PERVENT OR MINIMIZE SEDIMENT DISCHARGES AT STREAM CROSSINGS BECAUSE OF THE LACK OF STRUCTURAL CONTROLS NEEDED TO PREVENT OR MINIMIZE THE DISCHARGES. THE CSWEI REVEALED THAT RESPONDENT FAILED TO COMPLY WITH PART VI.N OF THE PERMIT BY FAILING TO OPERATE AND MAINTAIN ALL STRUCTURAL CONTROLS TO ACHIEVE COMPLIANCE WITH THE CONDITIONS OF THE PERMIT AND THE SWPPP.

Defendants (1)

• PORTER DEVELOPMENT COMPANY, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• SHELBY STATION

  S SIDE OF E. SHELBY DR & E. OF NONCONNAH CREEK, COLLIERVILLE, TN, 38017

  Registry ID: 110022873149

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• PORTER DEVELOPMENT COMPANY, LLCentered 2006-09-28

  Primary law: CWA

  Federal penalty: $25,000

Timeline (4 milestones)

• 2005-09-26Enforcement Action Data Entered
• 2005-09-26Complaint Filed/Proposed Order
• 2006-09-28Final Order Issued
• 2006-10-11Enforcement Action Closed