EPA v. RHEIN INTERESTS OF CHARLOTTE, LLC / PALISADES SUBDIVISION PHASE 3

Case summary

6/6/06 - COMPLIANCE ORDER ISSUED. VIOLATION: RESPONDENT FAILED TO COMPLY WITH THE REQUIREMENTS OF THE CWA BY DISCHARGING STORMWATER INTO WATERS FO THE U.S. FROM ITS FACILITY WITHOUT BENEFIT OF COVERAGE UNDER THE NORTH CAROLINA DEPT OF ENVIRONMENTAL AND NATURAL RESOURCES (NCDENR) PERMIT. ORDER REQUIRES: IMMEDIATELY INSTITUTE AN INSPECTION PROGRAM TO INSPECT ALL EROSION AND SEDIMENTATION CONTROL FAICLITIES AT LEAST ONCE EVERY 7 CALENDAR DAYS AND WITHIN 24 HOURS AFTER ANY STORM EVENT GREATER THAN 0.5 INCHES OF RAIN PER 24 HOUR PERIOD AND TAKE CORRECTIVE ACTION IMMEDIATELY TO CONTROL THE DISCHARGE OF SEDIMENTS IF ANY VISIBLE SEDIMENTATION LEAVES THE DISTURBED LIMITS OF THE SITE. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. PROVIDE EPA WITH COPIES OF ALL INSPECTION REPORTS FOR A PERIOD OF 3 MONTHS BEGINNING WITH THE EFFECTIVE DATE OF THIS ORDER. IMMEDIATELY KEEP A REOCRD OF INSPECTIONS WHICH INCLUDES VISIBLE SEDIMENTATION FOUND OUTSIDE THE DISTURBED LIMITS OF THE SITE, AN EXPLANATION OF MEASURES TAKEN TO CONTROL FUTURE RELEASES, AND MEASURES TAKEN TO CLEAN UP SEDIMENT BEYOND THE DISTURBED LIMITS OF THE SITE. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. IMMEIDATELY, COMPLY WITH FINAL LIMITATIONS AND CONTROL SPECIFIED FOR STORMWATER DISCHARGES. SPECIFICALLY, PROVIDE MAINTENANCE TO THE SILT FENCING IN AREAS BEHIND THE OUTFALLS, AT THE TEMPORARY SEDIMENTATION BASIN, AT BASINS 3 AND 4 AT THE WEIR AND AT THE DIVERSION DITCH NEAR BASIN 7. PROVIDE CHECK DAMS TO THE DIVERSION DITCH NEAR BASIN 7, PROVIDE STABILIZATION AT ALL BASIN AND SEEP BERM SLOPES AND CEASE THE DISCHARGE OF SEDIMENTS INTO THE RECEIVING WATER. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. IMMEDIATELY, PROVIDE OPERATION AND MAINTENANCE NECESSARY TO OPERATE STORMWATER CONTROLS AT OPTIMUM EFFICIENCY. SPECIFICALLY, PROVIDE MAINTENANCE TO THE SILT FENCING IN AREAS BEHIND THE OUTFALLS, AT THE TEMPORARY SEDIMENTATION BASIN, AT BASINS 3 AND 4 AT THE WEIR, AND AT THE DIVERSION DITCH NEAR BASIN 7. PROVIDE CHECK DAMS TO THE DIVERSION DITCH NEAR BASIN 7 AND PROVIDE STABILIZATION AT ALL BASIN AND SEEP BERMS SLOPES. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. IMMEDIATELY, COMPLY WITH ALL CONDITIONS OF THE PERMIT. SPECIFICALLY, PROVIDE MAINTENANCE TO THE SILT FENCING IN AREAS BEHIND THE OUTFALLS, AT THE TEMPORARY SEDIMENTATION BASIN, AT BASINS 3 AND 4 AT THE WEIR, AT THE DIVERSION DITCH NEAR BASIN 7. ALSO PROVIDE CHECK DAMS TO THE DIVERSION DITCH NEAR BASIN 7, PROVIDE STABILIZATION AT ALL BASIN AND SEEP BERM SLOPES, AND CEASE THE DISCHARGE OF SEDIMENTS TO THE RECEIVING WATERS. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. IMMEDIATELY, TAKE ALL REASONABLE STEPS TO MINIMIZE OR PREVENT ANY DISCHARGE IN VIOLATION OF THE PERMIT WHICH HAS A REASONABLE LIKELIHOOD OF ADVERSELY AFFECTING HUMAN HEALTH OR THE ENVIRONMENT. SPECIFICALLY, PROVIDE STABILIZATION TO THE SLOPES AT SEDIMENT BASIN NOS. 3, 4, AND 7, SUBSURFACE HOLES AT SEDIMENT BASIN NOS. 4 AND 7 AND SEEP BERM C. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIRMENT HAS BEEN MET. IMMEDIATELY, PROPERLY OPERATE AND MAINTAIN ALL FACILITIES AND SYSTEMS OF TREATMENT AND CONTROL WHICH ARE INSTALLED OR USED TO ACHIEVE COMPLIANCE. SPECIFICALLY, PROVIDE MAINTENANCE TO THE SILT FENCING IN AREAS BEHIND THE OUTFALLS, AT THE TEMPORARY SEDIMENTATION BASIN, AT BASINS 3 AND 4 AT THE WEIR, AT THE DIVERSION DITCH NEAR BASIN 7. PROVIDE CHECK DAMS TO THE DIVERSION DITCH NEAR BASIN 7, PROVIDE STABILIZATION AT ALL BASIN AND SEEP BERM SLOPES, AND CEASE THE DISCHARG OF SEDIMENTS TO THE RECEIVING WATERS. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET.

Defendants (1)

• RHEIN INTERESTS OF CHARLOTTE, LLCNamed in settlement

Facilities (1)

• PALISADES SUBDIVISION PHASE 3

  YOUNGBLOOD ROAD, CHARLOTTE, NC, 28278

  Registry ID: 110022320433

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• RHEIN INTERESTS OF CHARLOTTE, LLC / PALISADES SUBDIVISION PHASE 3entered 2005-06-06

  Primary law: CWA

Timeline (3 milestones)

• 2005-06-06Final Order Issued
• 2005-06-29Enforcement Action Data Entered
• 2006-11-08Enforcement Action Closed