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

Case summary

7/26/05 - ADMINISTRATIVE ORDER ISSUED. VIOLATIONS: FAILURE TO IMPLEMENT THE EROSION AND SEDIMENTATION CONTROL PLAN AS APPROVED AND OPERATE AND MAINTAIN ALL EROSION AND SEDIMENTATION CONTROL FACILITIES. FAILURE TO TAKE CORRECTIVE ACTION IMMEDIATELY TO CONTROL THE DISCHARGE OF SEDIMENTS. FAILURE 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 EVEN GREATER THAN 0.5 INCHES OF RAIN 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, DIVERSION DITCH MAINTENANCE, AND SEDIMENTATION POND REDESIGN AND MAINTENANCE. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. IMMEDIATELY, BEGIN KEEPING A RECORD OF INSPECTIONS TO INCLUDE A RECORD OF VISIBLE SEDIMENTATION FOUND OUTSIDE THE DISTURBED LIMITS OF THE SITE, AN EXPLANATION OF MEASURES TAKEN TO CONTROL FUTURE RELEASES, AND A RECORD OF 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 STORMWATER DISCHARGES ONCE DISTURBANCE HAS BEGUN ON THE SITE UNTIL COMPLETION OF CONSTRUCTION OR DEVELOPMENT AND ESTABLISHMENT OF A PERMANENT GROUNDCOVER. SPECIFICALLY, INSTALL CONSTRUCTION ENTRANCE/EXIT CONTROLS, IMPLEMENT OR MODIFY THE APPROVED PLAN TO INCLUDE PRESENT STATUS OF THE CONSTRUCTION SITE, AND MAINTAIN ALL EROSION AND SEDIMENTATION CONTROL FACILITIES. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. IMMEDIATELY, OPERATE AND MAINTAIN STORM WATER CONTROLS AT OPTIMUM EFFICIENCY. SPECIFICALLY, RE-GRADE STEEP SLOPES, MAINTAIN INLET PROTECTION AND PROVIDE MAINTENANCE TO SILT FENCING THAT NEEDS REPAIR OR IS FULL OF SEDIMENT AND STABLIZATION MEASURES ON ALL SLOPES THROUGHOUT THE SITE, INCLUDING SLOPES AT THE STABILIZATION POND AND DIRT STOCKPILES. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. IMMEDIATELY, TAKE ALL REASONABLE STEPS TO MINIMIZE OR PREVENT ANY DISCHARGE WHICH HAS A REASONABLE LIKELIHOOD OF ADVERSELY AFFECTING HUMAN HEALTH OR THE ENVIRONMENT. SPECIFICALLY, PROVIDE SLOPE STABLIZATION, DIVERSION DITCH MAINTENANCE, AND SEDIMENTATION POND REDESIGN AND MAINTENANCE. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET

Defendants (1)

• J&B DEVELOPMENT AND MANAGEMENT, INC. (SB)Named 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)entered 2005-07-26

  Primary law: CWA

Timeline (3 milestones)

• 2005-07-26Final Order Issued
• 2005-07-27Enforcement Action Data Entered
• 2008-05-30Enforcement Action Closed