EPA v. RHEIN INTERESTS OF CHARLOTTE, LLC (GRAND PALISADES PARKWAY NORTH)

Case summary

9/30/05 - COMPLAINT ISSUED PROPOSING A PENALTY OF $157,500. 9/30/05 - COMPLAINT FILED, PROPOSING A PENALTY OF $157,500. RESPONDENT FAILED TO COMPLY WITH PART I.A.2 OF THE PERMIT BY FAILING TO IMPLEMENT THE PLAN AS APPROVED AND BY FAILING TO AMEND THE PLAN TO INCLUDE THE EXTRA TEMPORARY BASIN NEAR SEEP BERM G. 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 BY FAILING TO TAKE CORRECTIVE ACTION IMMEDIATELY TO CONTROL THE DISCHARGEE OF SEDIMENTS FROM LEAVING 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 AS EVIDENCED BY THE LACK OF MAINTENANCE OF BMPS THROUGHOUT THE FACILITY. RESPONDENT FAILED TO COMPLY WITH PART I.C.2 OF THE PERMIT BY FAILING TO PROVIDE THE OPERATION AND MAINTENANCE NECESSARY TO OPERATE STROM WATER CONTROLS AT OPTIMUM EFFICIENCY AS EVIDENCED BY THE LACK OF MAINTENANCE OF BMPS THROUGHOUT THE FACILITY. 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 MINIMIZE OR PREVENT ANY DISCHARGE IN VIOLATION OF THE PERMIT AS EVIDENCED BY THE SEDIMENT OBSERVED IN THE CREEK AT THE OUTFALL OF SEEP BERM E AND SEDIMENTS OBSERVED IN THE EXTRA TEMPORARY BASIN ADDED NEAR THE SEEP BERM G. 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.

Defendants (3)

• RHEIN INTERESTS OF CHARLOTTE, LLCNamed in complaintNamed in settlement
• GRAND PALISADES PARKWAY NORTHNamed in complaint
• RHEIN PALISADES, LLCNamed in complaint

Facilities (1)

• GRAND PALISADES

  17030 YOUNGBLOOD ROAD, CHARLOTTE, NC, 28378

  Registry ID: 110024267096

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• RHEIN INTERESTS OF CHARLOTTE, LLC (GRAND PALISADES PARKWAY NORTH)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