EPA v. J & B DEVELOPMENT AND MANAGEMENT, INC. (VILLAGES AT MOSS CREEK - PHASE I )

Case summary

9/30/05 - COMPLAINT ISSUED, PROPOSING A PENALTY OF $157,500. COMPLAINT ALLEGES: RESPONDENT FAILED TO COMPLY WITH PART I.A.2 OF THE PERMIT BY FAILING TO IMPLEMENT THE PLAN AS APPROVED. RESPONDENT FAILED TO INSPECT ALL STORM WATER RUNOFF DISHARGES AND TAKE CORRECTIVE ACTION IMMEDIATELY TO CONTROL THE DISCHARGE OF SEDIMENTS IF ANY VISIBLE SEDIMENTATION LEAVES THE DISTUBRED LIMITS OF THE FACILITY. RESPONDENT FAILED TO COMPLY WITH PART I.B.E OF THE PERMIT BY FAILING TO KEEP A RECORD OF INSPECTIONS. RESPONDENT FAILED TO COMPLY WITH PART I.C.1 FINAL LIMITATIONS AND CONTROLS. RESPONDENT FAILED TO COMPLY WITH PART I.C.2 OF THE PERMIT BY FAILING TO PROVIDE THE OPERATION AND MAINTENANCE NECESSARY TO OPERATE STORM WATER CONTROLS AT OPTIMUM EFFICIENCY. RESPONDENT FAILED TO COMPLY WITH PART II.B.1 OF THE PERMIT BY FAILING TO COMPLY WITH ALL CONDITIONS OF THE PERMIT, INCLUDING THE FOLLOWING: (a) FAILING TO IMPLEMENT THE PLAN AS APPROVED;(b) FAILING TO ELIMINATE OR LIMIT THE SEDIMENTS DISCHARGED FROM THE SITE; AND (c) FAILING TO PROVIDE OPERATION AND MAINTENANCE ON EROSION CONTROL MEASURES. 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 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 COMPLY WITH PART II.C.1 OF THE PERMIT BY FAILING TO PROPERLY OPERATE AND MAINTAIN ALL FACILITIES AND SYSTEMS OF TREATMENT AND CONTROL.

Defendants (2)

• J & B DEVELOPMENT AND MANAGEMENT, INC.(VILLAGES OFNamed in complaintNamed in settlement
• VILLAGES AT MOSS CREEK - PHASE 1Named in complaintNamed in settlement

Facilities (1)

• VILLAGES @ MOSS CREEK

  HIGHWAY 73, CONCORD, NC, 28027

  Registry ID: 110022320291

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• J & B DEVELOPMENT AND MANAGEMENT, INC. (VILLAGES AT MOSS CREEK - PHASE I )entered 2006-05-16

  Primary law: CWA

  Federal penalty: $8,500 · SEP: $270,257

Timeline (4 milestones)

• 2005-09-30Complaint Filed/Proposed Order
• 2005-09-30Enforcement Action Data Entered
• 2006-05-16Final Order Issued
• 2007-01-01Enforcement Action Closed