EPA v. RHEIN INTERESTS OF CHARLOTTE, LLC / GRAND PALISADES PARKWAY NORTH

Case summary

6/6/05 - ADMINISTRATIVE ORDER ISSUED. VIOLATIONS: 1. FAILURE TO AMEND THE EROSION CONTROL PLAN TO INCORPORATE CHANGES IN THE DESIGN OF BEST MANAGEMENT PRACTICES (BMPs); 2. FAILURE TO INSPECT ALL EROSION AND SEDIMENTATION CONTROL FACILITIES AT LEAST ONCE EVERY ONCE EVERY 7 CALENDAR DAYS AND WITHIN 24 HOURS OF A STORM EVENT OF GRATER THAN 0.5 INCHES AS DOCUMENTED IN THE SELF-INSPECTION REPORTS; 3. FAILURE TO: TAKE CORRECTIVE ACTION TO CONTROL THE DISCHARGE OF SEDIMENTS FROM LEAVING THE DISTURBED LIMITS OF THE SITE, AS DOCUMENTED IN THE SELF-INSPECTION REPORTS; BMP MAINTENANCE ISSUES THROUGHOUT THE SITE; FAILURE TO PROVIDE SUFFICIENT STABILIZATION OF SLOPES AND DENUDED AREAS; AND THE DISCHARGE OF SEDIMENTS IN THE RECEIVING STREAM; 4. FAILURE TO COMPLY WITH THE FINAL LIMITATIONS AND CONTROLS AS DOCUMENTED BY THE LACK OF MAINTENANCE OF BMPs THROUGHOUT THE SITE; 5. FAILURE TO PROVIDE OPERATION AND MAINTENANCE NECESSARY TO OPERATE STORM WATER CONTROLS AT OPTIMUM EFFICIENCY, AS EVIDENCED BY THE LACK OF MAINTENANCE OF BMPs THROUGH THE SITE, AND BY FAILING TO PROVIDE SUFFICIENT STABILIZATION TO THE SLOPES AND DENUDED AREAS OF THE SITE. 6. FAILURE TO COMPLY WITH ALL CONDITIONS OF THE PERMIT BY FAILING TO PROVIDE OPERATION AND MAINTENANCE NECESSARY TO OPERATE STORMWATER CONTROLS AT OPTIMUM EFFICIENCY AS EVIDENCED BY THE LACK OF MAINTENANCE OF BMPs THROUGHOUT THE SITE, AND BY FAILING TO PROVIDE SUFFICIENT STABILIZATION TO THE SLOPES AND DENUDED AREAS OF THE SITE. 7. FAILURE TO MINIMIZE OR PREVENT ANY DISCHARGE IN VIOLATION OF THE PERMIT AS EVIDENCED BY THE OBSERVATION OF SEDIMENT IN THE CREEK. 8. FAILURE TO PROPERLY OPERATE AND MAINTAIN ALL FACILITIES AND SYSTEMS OF TREATMENT AND CONTROL WHICH ARE INSTALLED OR USED TO ACHIEVE COMPLIANCE WITH CONDITIONS OF THE PERMIT. ORDER REQUIRES: A. IMMEDIATELY, AMEND THE PLAN TO INCORPORATE ANY CHANGES TO THE DESIGN OF BMPs AT THE SITE; SPECIFICALLY, INCLUDE THE EXTRA TEMPORARY BASIN NEAR SEEP BERM G. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. B. IMMEDIATELY, INSTITUTE AN INPSECTION PROGRAM TO INSPECT ALL EROSION AND SEDIMENTATION CONTROL FACILITIES AT LEAST ONCE EVERY 7 CALENDAR DAYS AND WITHIN 24 HOURS AFTER A STORM EVENT OF GREATER THAN 0.5 INCHES OF RAIN PER A 24-HOUR PERIOD. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. C. IMMEDIATELY, TAKE CORRECTIVE ACTION TO CONTROL THE DISCHARGE OF SEDIMENTS LEAVING THE DISTURBED LIMITS OF THE SITE, AS NOTED ON RHEIN'S SELF-INSPECTION REPORTS. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. D. 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. OPERATE AND MAINTAIN STORM WATER CONTROLS AT OPTIMUM EFFICIENCY. SPECIFICALLY, ADDRESS THE MAINTENANCE ISSUES AT THE FOLLOWING LOCATIONS: SILT FENCE AT SEEP BERM F; INLET PROTECTION; EXTRA BASIN NEAR SEEP BERM G; AND THE RIP/RAP AT SEEP BERM F. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. E. IMMEDIATELY, COMPLY WITH ALL CONDITIONS OF THE PERMIT AND TAKE ALL REASONABLE STEPS TO MINIMIZE OR PREVENT ANY DISCHARGE WHICH HAS A REASONABLE LIKELIHOOD OF ADVERSELY AFFECTING HUMAN HEALTH OR THE ENVIRONMENT. SPECIFICALLY, ADDRESS THE BMP PROBLEMS LISTED IN PARAGRAPH D ABOVE, AND ADDRESS THE SEDIMENT LOSS AT SEEP BERM E AND SEDIMENT LOSS AT THE EXTRA TEMPORARY BASIN NEAR SEEP BERM G'S OUTFALL. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. F. IMMEDIATELY, 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, ADDRESS THE BMP PROBLEMS LISTED IN PARAGRAPH D ABOVE, AND ADDRESS THE SEDIMENT LOSS AT SEEP BERM E AND SEDIMENT LOSS

Defendants (1)

• RHEIN INTERESTS OF CHARLOTTE, LLCNamed in settlement

Facilities (1)

• PALISADES SUBDIVISION

  GRAND PALISADES PARKWAY, CHARLOTTE, NC, 28278

  Registry ID: 110064279089

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• RHEIN INTERESTS OF CHARLOTTE, LLC / GRAND PALISADES PARKWAY NORTHentered 2005-06-06

  Primary law: CWA

Timeline (3 milestones)

• 2005-06-06Final Order Issued
• 2005-07-11Enforcement Action Data Entered
• 2006-11-08Enforcement Action Closed