EPA v. CHARLOTTE-MECKLENBURG UTILITIES/BEAVER DAM CR OUTFALL, PUMP STATION & FORCE MAIN WINDYGAP RD & DIXIE

Case summary

8/10/05 - COMPLIANCE ORDER ISSUED. VIOLATIONS: FAILURE TO COMPLY WITH PERMIT AS FOLLOWS: 1. PART I.A.2 OF THE PERMIT BY FAILING TO FOLLOW THE EROSION AND SEDIMENTATION CONTROL PLAN DURING THE CONSTRUCTION OF THE SANITARY SEWER CONSTRUCTION OF BEAVER DAM CREEK OUTFALL, PUMP STATION, AND FORCE MAIN. 2. PART I.B.1 OF THE PERMIT BY FAILING TO INSPECT ALL STORM WATER RUNOFF DISCHARGES, FAILURE TO INSTALL A RAIN GAUGE ON SITE, AND RECORD AND MAINTAIN ON SITE ALL RAINFALL AMOUNTS AND DATES. 3. PART I.C.1 OF THE PERMIT BY FAILING TO TEMPORARILY SEED, GRASS, OR PLACE MATTING ON ALL BARE SLOPES TO PREVENT AND MINIMIZE SEDIMENT EROSION. 4. PARTS I.B.2, II.B.1 AND II.B.2 OF THE PERMIT BY FAILING TO TAKE CORRECTIVE ACTION IMMEDIATELYTO CONTROL THE DISCHARGE OF SEDIMENTS. 5. PART II.C.1 OF THE PERMIT BY FAILING TO PROPERLY OPERATE AND MAINTAIN ALL FACILITIES AND SYSTEMS OF TREATMENT AND CONTROL BY FAILING TO CLEAN UP ACCUMULATED SEDIMENTS ON EACH CHECK DAM, DITCH, AND FOR FAILURE TO MAINTAIN THE CONSTRUCTION ENTRANCE/EXIT SITE WITH THE ADEQUATE RIP RAP SIZE IN ORDER TO KEEP SEDIMENTS ON SITE AND OFF THE STREETS AND ROADS. ORDER REQUIRES: SUBMIT THE PLAN FOR THIS SPECIFIC SITE THAT ADDRESSES THE EROSION AND SEDIMENT CONTROL MEASURES FOR THE INSTALLATION OF SEWER SYSTEM. WITHIN 10 DAYS OF RECEIPT OF THIS ORDER, SUBMIT TO EPA A LIST OF ALL DEVELOPMENT PROJECTS CURRENTLY UNDERWAY BY CHARLOTTE-MECKLENBURG UTILITIES WHICH DISTURB GREATER THAN 1 ACRE. WITHIN 10 DAYS, SUBMIT TO EPA A COPY OF EACH APPROVED EROSION AND SEDIMENT CONTROL PLAN FOR EACH OF THOSE DEVELOPMENT PROJECTS CURRENTLY UNDERWAY BY CHARLOTTE-MECKLENBURG UTILITIES WHICH DISTURB GREATER THAN 1 ACRE. WITHIN 30 DAYS, DEVLEOP AN EROSION AND SOIL GUIDANCE PLAN TO ADDRESS CONSTRUCTION AND OTHER LAND DISTURBING ACTIVITIES CONDUCTED BY CHARLOTTE-MECKLENBURG UTILITIES. WITHIN 45 DAYS, PROVIDE A COPY OF THE GUIDANCE PLAN TO EPA

Defendants (1)

• CHARLOTTE-MECKLENBURG UTILITIES ENGINEERING DIV.Named in settlement

Facilities (1)

• PUMP STATION

  UNKNOWN, UNKNOWN, NC, 00000

  Registry ID: 110021023319

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 308 — Information Request, Records, Entry
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CHARLOTTE-MECKLENBURG UTILITIES/BEAVER DAM CR OUTFALL, PUMP STATION & FORCE MAIN WINDYGAP RD & DIXIEentered 2005-08-10

  Primary law: CWA

Timeline (3 milestones)

• 2005-08-10Final Order Issued
• 2005-08-15Enforcement Action Data Entered
• 2006-11-08Enforcement Action Closed