EPA v. REAL ESTATE DEVELOPMENT PARTNERS (FOOD LION/WINECOFF COMMONS)

Case summary

6/21/05 - ADMINISTRATIVE ORDER ISSUED. VIOLATIONS: 1. PARTS I.A.2; I.C.1; I.C.2; II.B.1; AND II.C.2 OF THE PERMIT BY FAILING TO IMPLEMENT THE EROSION AND SEDIMENTATION CONTROL PLAN AS APPROVED AND OPERATE AND MAINTAIN ALL EROSION AND SEDIMENTATION CONTROL FACILITIES. 2. PARTS I.B.2; II.B.1; AND II.B.2 OF THE PERMIT BY FAILING TO TAKE CORRECTIVE ACTION IMMEDIATELY TO CONTROL THE DISCHARGE OF SEDIMENTS. 3. PARTS I.B.1; I.B.2; I.B.3; AND II.B.1 OF THE PERMIT BY FAILING TO PROPERLY INSPECT AND KEEP A RECORD OF THE EROSION AND SEDIMENT CONTROL FACILITY INSPECTIONS. ORDER REQUIRES: IMMEDIATELY BEGIN INSPECTING ALL EROSION AND SEDIMENTATION CONTROL FACILITIES AND STORM WATER RUNOFF DISCHARGES AT LEAST ONCE EVERY 7 CALENDAR DAYS AND WITHIN 24 HOURS AFTER ANY STORM EVENT GREATER THAN 0.5 INCHES PER 24-HOUR PERIOD; MAINTAIN A RAIN GAUGE ON THE SITE AND RECORD RAINFALL AMOUNTS AND DATES. EVERY 30 CALENDAR DAYS, FOR A PERIOD OF 90 DAYS, SUBMIT COPIES OF SUCH INSPECTION REPORTS AND RAINFALL DATA. IMMEDIATELY TAKE CORRECTIVE ACTION TO CONTROL THE DISCHARGE OF VISIBLE SEDIMENTS LEAVING THE DISTURBED LIMITS OF THE SITE; SPECIFICALLY, PROVIDE SLOPE STABILIZATION AND CHECK DAM MAINTENANCE. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT OF THE ORDER HAS BEEN MET. IMMEDIATELY BEGIN KEEPING A RECORD OF INSPECTIONS, INCLUDING VISIBLE SEDIMENTATION FOUND OUTSIDE THE DISTURBED LIMITS OF THE SITE, AN EXPLANATION OF MEASURES TAKEN TO CONTROL FUTURE RELEASES, AND MEASURES TAKEN TO CLEAN UP SEDIMENT BEYOND THE DISTURBED LIMITS OF THE SITE. EVERY 30 CALENDAR DAYS, FOR A PERIOD OF 90 DAYS, SUBMIT COPIES OF SUCH INSPECTION REPORTS. IMMEDIATELY COMPLY WITH FINAL LIMITATIONS AND CONTROLS SPECIFIED FOR STORM WATER DISCHARGES ONCE DISTURBANCE HAS BEGUN ON THE SITE UNTIL COMPLETION OF CONSTRUCTION OR DEVELOPMENT AND ESTABLISHMENT OF A PERMANENT GROUNDCOVER; SPECIFICALLY, INSTALL INLET PROTECTION AND RIP RAP AT INLET PIPE TO SEDIMENTATION POND, IMPLEMENT THE APPROVED PLAN, AND MAINTAIN ALL EROSION AND SEDIMENTATION CONTROL FACILITIES. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT OF THE ORDER HAS BEEN MET. IMMEDIATELY, OPERATION AND MAINTAIN STORM WATER CONTROLS AT OPTIMUM EFFICIENCY; SPECIFICALLY, PROVIDE MAINTENANCE TO SILT FENCING THAT NEEDS REPAIR OR IS FULL OF SEDIMENT AND STABILIZATION MEASURES ON ALL SLOPES THROUGHOUT THE SITE, INCLUDING SLOPES OF SEDIMENTATION POND. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT OF THE ORDER HAS BEEN MET. IMMEDIATELY, TAKE ALL REASONABLE STEPS TO MINIMIZE OR PREVENT ANY DISCHARGE WHICH HAS A REASONABLE LIKELIHOOD OF ADVERSELY AFFECTING HUMAN HELATH OR THE ENVIRONMENT; SPECIFICALLY, PROVIDE SLOPE STABILIZATION AND CHECK DAM MAINTENANCE. ALSO, STABILIZE OR HAND REMOVE THE SEDIMENT THAT HAS TRAVELED OFF-SITE INTO CREEK. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET

Defendants (1)

• REAL ESTATE DEVELOPMENT PARTNERS (SB)Named in settlement

Facilities (1)

• FOOD LION/WINECOFF COMMONS

  WINECOFF SCHOOL ROAD, KANNAPOLIS, NC, 28081

  Registry ID: 110022320282

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• REAL ESTATE DEVELOPMENT PARTNERS (FOOD LION/WINECOFF COMMONS)entered 2005-06-21

  Primary law: CWA

Timeline (3 milestones)

• 2005-06-21Final Order Issued
• 2005-06-24Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed