EPA v. EASTWOOD HOMES AT CRISMARK PHASE 9 SUBDIVISION

Case summary

6/22/05 - COMPLIANCE ORDER ISSUED. VIOLATION: EASTWOOD HOMES FAILED TO COMPLY WITH THE REQUIREMENTS OF THE CWA BY DISCHARGING STORM WATER INTO WATERS OF THE U.S. FROM ITS FACILITY WITHOUT BENEFIT OF COVERAGE UNDER THE NCDENR PERMIT. ORDER REQUIRES: A. WITHIN 7 CALENDAR DAYS, SUBMIT A PLAN REQUESTING COVERAGE UNDER THE PERMIT. B. UPON RECEIPT OF APPROVAL OF THE PLAN AND OBTAINING COVERAGE UNDER THE PERMIT, IMMEDIATELY IMPLEMENT THE PLAN AS APPROVED. C. WITHIN SEVEN CALENDAR DAYS OF THE DATE OF RECEIPT OF APPROVAL OF THE PLAN AND OBTAINING COVERAGE UNDER THE PERMIT, PROVIDE WRITTEN CERTIFICATION THAT THE PLAN HAS BEEN IMPLEMENTED, THAT A COPY OF THE PLAN IS KEPT ONLINE, AND THAT THE PLAN COMPLIES ITH PART I.A.1 OF THE PERMIT. D. IMMEDIATELY UPON RECEIPT OF THIS ORDER, AS REQUIRED BY PART I.B.1 OF THE PERMIT, BEGIN INSPECTING ALL STORM WATER RUNOFF DISCHARGES AT LEAST ONCE EVERY 7 CALENDAR DAYS AND WITHIN 24 HOURS AFTER ANY STORM EVENT GREATER 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. E. IMMEDIATELY, AS REQUIRED BY PART I.B.2 OF THE PERMIT, TAKE CORRECTIVE ACTION TO CONTROL THE DISCHARGE OF VISIBLE SEDIMENTS LEAVING THE DISTURBED LIMITS OF THE SITE, SPECIFICALLY, MAINTAIN STORM DRAIN INLET PROTECTION; REPAIR SILT FENCES AND CLEAN SEDIMENTS FROM OVERTOPPED SILT FENCES. CLEAN SEDIMENTS FROM PAVED STREETS AND ROADS, OTHERWISE SUCH SEDIMENTS WILL EVENTUALLY END UP ON CURB INLETS AND STORM DRAINAGE SYSTEMS WHICH THEN ENTER WATERS OF THE U.S. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT OF THE ORDER HAS BEEN MET. F. IMMEDIATELY, AS REQUIRED BY PART I.B.3 OF THE PERMIT, BEGIN KEEPING A RECORD OF INSPECTIONS, INCLUDING RECORDING ANY VISIBLE SEDIMENTATION FOUND OUTSIDE THE DISTURBED LIMITS OF THE SITE, PROVIDE AN EXPLANATION OF MEASURES TAKEN TO CONTROL FUTURE RELEASES, AND DESCRIBE ANY 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. G. IMMEDIATELY, AS REQUIRED BY PART I.C.2 OF THE PERMIT, OPERATE AND MAINTAIN STORM WATER CONTROLS AT OPTIMUM EFFICIENCY. SPECIFICALLY, MAINTAIN SILT FENCES AROUND THE PERIMETER OF EACH INDIVIDUAL LOT, BY EITHER REPLACING OR REPAIRING SILT FENCES THAT ARE DOWN, AND CLEAN UP SEDIMENTS THAT OVERTOPPED SILT FENCES AND SEDIMENTS FROM PAVED STREETS AND ROADS. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT OF THE ORDER HAS BEEN MET. H. IMMEDIATELY, AS REQUIRED BY PART II.B.2 OF THE PERMIT, TAKE ALL REASONABLE STEPS TO MINIMIZE OR PREVENT ANY DISCHARGE WHICH HAS A REASONABLE LIKELIHOOD OF ADVERSELY AFFECTING HUMAN HEALTH AND THE ENVIRONMENT; SPECIFICALLY, MINIMIZE OR PREVENT SEDIMENTS FROM ENTERING STORM DRAIN INLETS OVERTOPPED WITH SEDIMENTS INTO STRUCTURE BY PROPERLY OPERATING AND MAINTAINING STORM DRAIN INLET PROTECTIONS (SILT FENCES AROUND STRUCTURE). I. IMMEDIATELY, AS REQUIRED BY PART II.C.1 OF THE PERMIT, PROPERLY OPERATE AND MAINTAIN ALL FACILITIES AND SYSTEMS OF TREATMENT AND CONTROL WHICH ARE INSTALLED OR USED TO ACHIEVE COMPLIANCE WITH THE CONDITIONS OF THE PERMIT; SPECIFICALLY, CLEAN UP AND SWEEP SEDIMENTS FROM STREET

Defendants (1)

• EASTWOOD HOMESNamed in settlement

Facilities (1)

• CRISMARK-EASTWOOD HOMES

  INTERSECTION OF CRISMARK DRIVE AND GOLD NUGGET ST, CHARLOTTE, NC, 28202

  Registry ID: 110022318053

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• EASTWOOD HOMES AT CRISMARK PHASE 9 SUBDIVISIONentered 2005-06-22

  Primary law: CWA

Timeline (3 milestones)

• 2005-06-22Final Order Issued
• 2005-06-27Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed