EPA v. PANACEA COASTAL REALTY, INC. / TAR PINES SUBDIVISION

Case summary

8/12/05 - COMPLIANCE ORDER ISSUE.D VIOLATION: FAILURE TO COMPLY WITH THE REQUIREMENTS OF THE CWA BY DISCHARGING STORMWATER INTO WATERS OF THE U.S. FROM ITS FACILITY WITHOUT BENEFIT OF COVERAGE UNDER THE FDEP PERMIT. ORDER REQUIRES: A. IMMEDIATELY, COMPLETE AND SUBMIT A NOI TO FDEP OR CEASE ALL STORM WATER DISCHARGES FROM THE CONSTRUCTION SITE. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. B. IMMEDIATELY, PREPARE AND IMPLEMENT A STORM WATER POLLUTION PREVENTION PLAN (SWPPP). THE SWPPP SHALL ENSURE THAT THE OBSERVATIONS MADE DURING THE CSWEI ARE ADDRESSED. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. C. IMMEDIATELY, INSTITUTE A SELF-INSPECTION PROGRAM AS REQUIRED BY PART V.4 OF THE PERMIT. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT OF THE ORDER HAS BEEN MET. COPIES OF INSPECTION REPORTS SHALL BE SENT TO BOTH EPA AND FDEP FOR A PERIOD OF THREE MONTHS BEGINNING WITH THE EFFECTIVE DATE OF THIS ORDER. THE INSPECTION PROGRAM SHALL ENCOMPASS THE FOLLOWING: (1) AS REQUIRED BY PART V.4 OF THE PERMIT, PROVIDE A QUALIFIED INSPECTOR TO INSPECT AND MAINTAIN RECORDS OF ALL POINTS OF DISCHARGE INTO SURFACE WATERS OR A MUNICIPAL SEPARATE STORM SEWER SYSTEM. INSPECTIONS SHOULD ALSO BE MADE ON DISTURBED AREAS OF THE CONSTRUCTION SITE THAT HAVE NOT BEEN FINALLY STABLIZED, AREAS USED FOR STORAGE OF MATERIALS THAT ARE EXPOSED TO PRECIPITATION, ALL STRUCTURAL CONTROLS, AND LOCATIONS WHERE VEHICLES ENTER OR EXIT THE SITE. INSPECTIONS SHOULD BE CONDUCTED AT LEAST ONCE EVERY 7 CALENDAR DAYS AND WITHIN 24 HOURS OF THE END OF A STORM THAT IS 0.5 INCHES OR GREATER. (2) AS REQUIRED BY PART V.4c OF THE PERMIT, PREPARE A REPORT SUMMARIZING THE SCOPE OF THE INSPECTION; NAME(S) AND QUALIFICATION OF PERSONNEL MAKING THE INSPECTION; THE DATE(S) OF THE INSPECTION; RAINFALL DATA; AND MAJOR OBSERVATIONS RELATING TO THE IMPLEMENTATION OF THE SWPPP. ALL REPORTS SHALL BE RETAINED IN ACCORDANCE WITH PART VI OF THE PERMIT, AS PART OF THE SWPPP. SUCH REPORTS SHALL IDENTIFY ANY INCIDENTS OF NON-COMPLIANCE. WHERE A REPORT DOES NOT IDENTIFY ANY INCIDENTS OF NON-COMPLIANCE, THE REPORT SHALL CONTAIN A CERTIFICATION THAT THE FACILITY IS IN COMPLIANCE WITH THE SWPPP AND THE PERMIT. THE REPORT SHALL BE SIGNED IN ACCORDANCE WITH PART VII.C OF THE PERMIT.

Defendants (1)

• PANACEA COASTAL REALTY, INC.Named in settlement

Facilities (1)

• TAR PINES SUBDIVISION

  U.S. HIGHWAY 98 & SURF ROAD, PANACEA, FL, 32346

  Registry ID: 110022462823

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• PANACEA COASTAL REALTY, INC. / TAR PINES SUBDIVISIONentered 2005-08-12

  Primary law: CWA

Timeline (3 milestones)

• 2005-08-12Final Order Issued
• 2005-08-15Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed