EPA v. BAYSIDE REALTY (BAYOU POINTE SUBDIVISION)

Case summary

8/12/05 - COMPLIANCE ORDER ISSUED. ON APRIL 14, 2005, EPA AND FDEP PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI) OF BAYSIDE REALTY AT THEIR FACILITY KNOWN AS BAYOU POINTE. THE CSWEI REVEALED THAT BAYSIDE REALTY FAILED 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 STORMWATER 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). WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT HTIS 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 HAS BEEN MET. FOR A PERIOD OF 3 MONTHS, SUBMIT COPIES OF INSPECTION REPORTS. INSPECTION REPORTS SHALL ENCOMPASS THE FOLLOWING: (1) AS REQUIRED BY PART V.4 OF THE PERMIT, PROVIDE A QUALIFIED INSPECTOR TO INSPECT AND MAINTAIN RECORD OF ALL POINTS OF DISCHARGE INTO SURFACE WATERS OR A MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). INSPECTIONS SHOULD ALSO BE MADE ON DISTURBED AREAS OF THE CONSTRUCTION SITE THAT HAVE NOT BEEN FINALLY STABILIZED, 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.4(c) 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; 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. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT OF THE ORDER HAS BEEN MET. SUBMIT COPIES OF INSPECTION REPORTS FOR A PERIOD OF 3 MONTHS BEGINNING WITH THE FIRST MONTH FOLLOWING THE EFFECTIVE DATE OF THIS ORDER

Defendants (2)

• BAYSIDE REALTY (BAYOU POINTE SUBDIVISION)Named in settlement
• BAYOU POINTE (BAYSIDE REALTY)Named in settlement

Facilities (1)

• BAYOU POINTE

  HWY 98, CARRABELLE, FL, 32322

  Registry ID: 110022411987

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• BAYSIDE REALTY (BAYOU POINTE SUBDIVISION)entered 2005-08-12

  Primary law: CWA

Timeline (3 milestones)

• 2005-08-12Final Order Issued
• 2005-09-14Enforcement Action Data Entered
• 2006-05-10Enforcement Action Closed