EPA v. NORTH STAR INVESTORS II, LLC / REFLECTION POINTE PHASE 2

Case summary

6/21/05 - COMPLIANCE ORDER ISSUED. VIOLATIONS: 1. PART I.A.2 OF THE PERMIT BY FAILING TO FOLLOW THE APPROVED PLAN FOR CONSTRUCTION & MAINTENANCE OF STREAM CROSSINGS. 2. PARTS I.B.1; I.B.2; AND I.B.3 OF THE PERMIT BY FAILING TO PROPERLY INSPECT & KEEP A RECORD OF THE EROSION & SEDIMENT CONTROL FACILITY INSPECTIONS. 3. 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. 4. PARTS I.C.1; I.C.2; II.B.2; AND II.C.1 OF THE PERMIT BY FAILING TO COMPLY W/ ALL REQUIREMENTS OF THE PERMIT & PROVIDE PROPER OPERATION & MAINTENANCE. ORDER REQUIRES: A.. IMMEDIATELY INSTALL STREAM CROSSING IN ACCORDANCE W/PLAN. W/IN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. B. IMMEDIATELY, BEGIN INSPECTING ALL EROSION & SEDIMENTATION CONTROL FACILITIES & STORMWATER RUNOFF DISCHARGES AT LEAST ONCE EVERY 7 CALENDAR DAYS & WITHIN 24 HOURS AFTER ANY STORM EVENT GREATER THAN 0.5 INCHES OF RAIN PER 24 HOUR. EVERY 30 CALENDAR DAYS, FOR A PERIOD OF 90 DAYS, SUBMIT COPIES OF SUCH INSPECTION REPORTS. C. IMMEDIATELY, BEING INSPECTING ALL STORMWATER RUNOFF DISCHARGES & TAKE CORRECTIVE ACTION TO CONTROL THE DISCHARGE OF VISIBLE SEDIMENTS LEAVING THE DISTURBED LIMITS OF THE SITE. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. D. IMMEDIATELY, BEGIN KEEPING A RECORD OF INSPECTIONS, INCLUDING VISIBLE SEDIMENTATION FOUND OUTSIDE THE DISTURBED LIMITS OF THE SITE, AN EXPLANATION OF MEASURES TAKEN TO CONTROL FUTURE RELASES, & MEASURES TAKEN TO CLEAN UP SEDIMENT BEYOND DISTURBED LIMITS OF SITE. EVERY 30 CALENDAR DAYS, FOR A PERIOD OF 90 DAYS, SUBMIT COPIES OF SUCH INSPECTION REPORTS WHICH INCORPORATE THE REQUIREMENTS OF PARAGRAPHS B & C ABOVE. E. IMMEDIATELY, COMPLY WITH FINAL LIMITATIONS & CONTROLS SPECIFIED FOR STORMWATER DISCHARGES ONCE DISTURBANCE HAS BEGUN ON THE SITE UNTIL COMPLETION OF CONSTRUCTION OR DEVELOPMENT & ESTABLISHMENT OF A PERMANENT GROUNDCOVER. SPECIFICALLY, PROVIDE STABILIZATION ON EXPOSED SOILS WHERE CONSTRUCTION HAS CEASED FOR 14 DAYS OR MORE & PROVIDE MAINTENANCE AT STREAM CROSSING. IN ADDITION, SELF-INSPECTION REPORTS SHOULD CONTAIN INFO RELATED TO INSPECTION OF ALL OUTFALLS, THE DISCHARGE OF SEDIMENTS FROM THE SITE, AN EXPLANATION OF MEASURES TAKEN TO CONTROL FUTURE RELEASES, & MEASURES TAKEN TO CLEAN UP SEDIMENT DISCHARGES BEYOND THE DISTURBED LIMITS OF THE SITE. W/IN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. F. IMMEDIATELY, OPERATE AND MAINTAIN STORMWATER CONTROLS AT OPTIMUM EFFICIENCY. SPECIFICALLY, PROVIDE MAINTENANCE AT ALL STREAM CROSSING AND CEASE OR LIMIT THE SEDIMENTS DISCHARGED INTO LAKE WYLIE AND ITS TRIBUTARIES, & PROVIDE GROUNDCOVER ON ALL AREAS OF EXPOSED SOILS WHERE CONSTRUCTION HAS CEASED FOR 14 DAYS OR MORE. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. G. IMMEDIATELY, COMPLY WITH ALL CONDITIONS OF THE PERMIT. SPECIFICALLY, INSTALL & MAINTAIN ALL STREAM CROSSING, STABILIZE AREAS OF EXPOSED SOILS WHERE CONSTRUCTION HAS BEEN CEASED FOR 14 DAYS OR MORE, AND CLEAN UP THE SEDIMENTS IN LAKE WYLIE & ITS TRIBUTARIES. W/IN 30 DAYS, SUBMIT DOCUMENTATION THAT REQUIREMENT HAS BEEN MET. H. 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 THOSE DISCHARGES INTO LAKE WYLIE & ITS TRIBUTARIES & PROVIDE GROUNDCOVER ON ALL AREAS OF EXPOSED SOILS WHERE CONSTRUCTION HAS CEASED FOR 14 DAYS OR MORE. W/IN 30 DAYS, SUBMIT DOCUMENTATION THAT REQUIREMENT HAS BEEN MET. I. IMMEDIATELY, PROPERLY OPERATE & MAINTAIN ALL FACILITIES & SYSTEMS OF TREATMENT & CONTROL WHICH ARE INSTALLED OR USED TO ACHIEVE COMPLIANCE W/THE CONDITIONS OF PERMIT. SPECIFICALLY, PROVIDE MAINTENANCE AT STREAM CROSSINGS, CEASE OR LIMIT THE AMOUNT OF SEDIMENTS ENTERING INTO LAKE WYLIE & ITS TRIBUTARIES & PRO

Defendants (1)

• NORTH STAR INVESTORS II, LLCNamed in settlement

Facilities (1)

• REFLECTION POINTE PHASE 2

  SOUTH POINT ROAD, CHARLOTTE, NC, 28277

  Registry ID: 110022320497

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• NORTH STAR INVESTORS II, LLC / REFLECTION POINTE PHASE 2entered 2005-06-21

  Primary law: CWA

Timeline (3 milestones)

• 2005-06-21Final Order Issued
• 2005-06-29Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed