EPA v. NORTH STAR INVESTORS II, LLC (REFLECTION POINTE PHASE 1)

Case summary

6/21/05 - ADMINISTRATIVE ORDER ISSUED. VIOLATIONS: 1. PARTS I.B.1; I.B.2; AND I.B.3; OF THE PERMIT BY FAILING TO PROPERLY INSPECT AND KEEP A RECORD OF THE EROSION AND SEDIMENT CONTROL FACILITY INSPECTIONS. 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.C.1; I.C.2; II.B.2; AND II.C.1 OF THE PERMIT BY FAILING TO COMPLY WITH ALL REQUIREMENTS OF THE PERMIT AND PROVIDE PROPER OPERATION AND MAINTENANCE OF THE EROSION AND SEDIMENTATION CONTROL FACILITIES. 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; EVERY 30 CALENDAR DAYS, FOR A PERIOD OF 90 DAYS, SUBMIT COPIES OF SUCH INSPECTION REPORTS. IMMEDIATELY BEGIN INSPECTING ALL STORM WATER RUNOFF DISCHARGES AND TAKE CORRECTIVE ACTION TO CONTROL THE DISCHARGE OF VISIBLE SEDIMENTS LEAVING THE DISTURBED LIMITS OF THE SITE. SPECIFICALLY, ADDRESS SEDIMENTS DISCHARGED FROM THE SEDIMENT BASINS/TRAPS IN PHASE 1 AND SEDIMENT TRAP NO. 2 IN PHASE 3 AND THE SEDIMENTATION IN LAKE WYLIE AND ITS TRIBUTARIES. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. IMMEDIATELY, BEGIN KEEPING A RECORD OF INSPECTIONS, INCLUDING RECORDING THE PRESENCE OF VISIBLE SEDIMENTATION FOUND OUTSIDE THE DISTURBED LIMITS OF THE SITE. YOU MUST ALSO PROVIDE AN EXPLANATION OF MEASURES TAKEN TO CONTROL FUTURE RELEASES AND DESCRIBE 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 INSEPCTION REPORTS. IMMEDIATELY, COMPLY WITH FINAL LIMITATIONS AND CONTROL SPECIFIED FOR STORMWATER DISCHARGES ONCE DISTURBANCE HAS BEGUN ON THE SITE UNTIL COMPLETION OF CONSTRUCTION OR DEVELOPMENT AND ESTABLISHMENT OF A PERMANENT GROUNDCOVER. SPECIFICALLY, STABILIZE THOSE AREAS WHERE UTILITIES WERE INSTALLED AND OTHER AREAS WHERE CONSTRUCTION HAS CEASED FOR A PERIOD OF 14 DAYS, PROVIDE MAINTENANCE AT SEDIMENT BASINS AND TRAPS IN PHASE 1 AND SEDIMENT TRAP NO. 2 IN PHASE 3, AND ADDRESS THE SEDIMENTATION IN LAKE WYLIE AND ITS TRIBUTARIES. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. IMMEDIATELY, OPERATION AND MAINTAIN STORM WATER CONTROLS AT OPTIMUM EFFICIENCY. SPECIFICALLY, PROVIDE MAINTENANCE AT THE SEDIMENT BASINS/TRAPS IN PHASE 1 AND SEDIMENT TRAP NO 2 IN PHASE 3, AND PROVIDE STABILIZATION IN ALL AREAS WHERE CONSTRUCTION HAS CEASED FOR 14 OR MORE DAYS. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. IMMEDIATELY, COMPLY WITH ALL CONDITIONS OF THE PERMIT. SPECIFICALLY, PROVIDE MAINTENANCE AT SEDIMENT BASINS AND TRAPS IN PHASE 1 AND SEDIMENT TRAP NO 2 IN PHASE 3, PROVIDE GROUNDCOVER AT ALL AREAS WHERE CONSTRUCTION HAS CEASED FOR A PERIOD OF 14 OR MORE DAYS AND CEASE OR LIMIT THE SEDIMENTATION INTO LAKE WYLIE AND ITS TRIBUTARIES. 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, CEASE OR LIMIT THE DISCHARGE OF SEDIMENTS INTO LAKE WYLIE AND ITS TRIBUTARIES. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. IMMEDIATELY, PROPERLY OPERATION 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, CONDUCT MAINTENANCE ON ALL SEDIMENT BASINS AND TRAPS, PROVIDE STABILIZATION WHEN CONSTRUCTION HAS CEASED FOR 14 OR MORE DAYS AND CEASE OR LIMIT THE DISCHARGE OF SEDIMENTS INTO LAKE WYLIE AND ITS TRIBUTARIES. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET

Defendants (1)

• NORTH STAR INVESTORS II, LLC.Named in settlement

Facilities (1)

• REFLECTION POINTE PHASE 1

  SOUTH POINT ROAD, CHARLOTTE, NC, 28277

  Registry ID: 110022320488

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• NORTH STAR INVESTORS II, LLC (REFLECTION POINTE PHASE 1)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