EPA v. RHEIN INTERESTS OF CHARLOTTE, LLC. (PALISADES SUBD. PHASE 3)

Case summary

9/30/05 - COMPLAINT FILED, PROPOSING A PENALTY OF $157,500. RESPONDENT FAILED TO COMPLY WITH PART I.B.1 OF THE PERMIT BY FAILING TO INSPECT ALL EROSION AND SEDIMENTATION CONTROL FACILITIES AT LEAST ONCE EVERY SEVEN (7) CALENDAR DAYS AND WITHIN TWENTY-FOUR (24) HOURS AFTER ANY STORM EVENT GREATER THAN O.5 INCHES OF RAN PER TWENTY-FOUR (24) HOUR PERIOD. RESPONDENT FAILED TO COMPLY WITH I.B.2 OF THE PERMIT FAILING TO INSPECT ALL STORM WATER RUNOFF CHARGES AT THE SAME FREQUENCY AS THE EROSION AND SEDIMENTATION CONTROL FACILITIES AND TO TAKE CORRECTIVE ACTION IMMEDIATELY TO CONTROL THE DISCHARGE OF SEDIMENTS IF ANY VISIBLE SEDIMENTATION LEAVES THE DISTURBED LIMITS OF THE FACILITY. RESPONDENT FAILED TO COMPLY WITH PART I.B.3 OF THE PERMIT BY FAILING TO KEEP A RECORD OF INSPECTIONS WHICH INCLUDE VISIBLE SEDIMENTATION FOUND OUTSIDE THE DISTURBED LIMITS OF THE FACILITY, AN EXPLANATION OF MEASURES TAKEN TO CONTROL FUTURE RELEASES, AND MEASURES TAKEN TO CLEAN UP SEDIMENT BEYOND THE DISTURBED LIMITS OF THE FACILITY. RESPONDENT FAILED TO COMPLY WITH PART I.C.1 OF THE PERMIT BY FACILITY TO COMPLY WITH FINAL LIMITATIONS AND CONTROLS SPECIFIED FOR STORM WATER DISCHARGES ONCE DISTRIBANCE HAS BEGUN ON THE FACILITY UNTIL COMPLETION OF CONSTRUCTION OR DEVELOPMENT AND ESTABLISHMENT OF A PERMANENT GROUND COVER. RESPONDENT FAILED TO COMPLY WITH PART I.C.2 OF THE PERMIT BY FAILING TO PROVIDE OPERATION AND MAINTENANCE NECESSARY TO OPERATE STROM WATER CONTROLS AT OPTIMUM EFFICIENCY AS NOTED. RESPONDENT FAILED COMPLY WITH PART II.B.1 OF THE PERMIT WHICH REQUIRES THE PERMITEE TO COMPLY WITH ALL CONDITIONS OF THE PERMIT. RESPONDENT HAS FAILED TO COMPLY WITH ALL CONDITIONS OF THE PERMIT BY FAILING TO CORRECT BMP MAINTENANCE ISSUES, FAILING TO PROVIDE ADEQUATE STABILIZATION, FAILING TO PROVIDE CHECK DAMS TO THE DIVERSION DITCH NEAR BASIN NO. 7, AND BY ALLOWING SEDIMENTS TO BE DISCHARGED INTO THE RECEIVING WATERS. RESPONDENT FAILED TO COMPLY WITH PART II.B.2 OF THE PERMIT BY FAILING 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 AND THE ENVIRONMENT. RESPONDENT FAILED TO COMPLY PART II.C.1 OF THE PERMIT BY FAILING TO PROPERLY OPERATE AND MAINTAIN ALL FACILITIES AND SYSTEMS TREATMENT AND CONTROL WHICH ARE INSTALLED OR USED TO ACHIEVE COMPLIANCE WITH THE CONDITIONS OF THE PERMIT.

Defendants (3)

• RHEIN INTERESTS OF CHARLOTTE, LLCNamed in complaintNamed in settlement
• PALISADES SUBDIVISION PHASE 3Named in complaint
• RHEIN PALISADES, LLCNamed in complaint

Facilities (1)

• PALISADES SUBDIVISION PHASE 3

  YOUNGBLOOD ROAD, CHARLOTTE, NC, 28278

  Registry ID: 110022320433

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• RHEIN INTERESTS OF CHARLOTTE, LLC. (PALISADES SUBD. PHASE 3)entered 2006-08-24

  Primary law: CWA

  Federal penalty: $16,250

Timeline (4 milestones)

• 2005-09-30Complaint Filed/Proposed Order
• 2005-09-30Enforcement Action Data Entered
• 2006-08-24Final Order Issued
• 2006-11-08Enforcement Action Closed