EPA v. SUMMIT DISTRIBUTION CENTER

Case summary

9/7/05 - COMPLIANCE ORDER ISSUED. VIOLATIONS: 1. PART II.F OF THE PERMIT BY FAILING TO CERTIFY ON A WEEKLY BASIS THAT THE WEEKLY SELF-INSPECTIONS WERE PERFORMED AND WHETHER OR NOT ALL PLANNED OR DESIGNED EROSION AND SEDIMENT CONTROLS WERE INSTALLED AND IN WORKING ORDER. AT THE TIME OF THE INSPECTION THERE WAS NO SITE REPRESENTATIVE OR CONSTRUCTION TRAILER OR OFFICE LOCATED ON-SITE, AND INSPECTION REPORTS WERE NOT AVAILABLE TO EPA FOR REVIEW. 2. PART IV.B.1 OF THE PERMIT BY FAILING TO MAINTAIN THE STORM WATER POLLUTION PREVENTION PLAN (SWPPP) ON-SITE OR WITHIN A REASONABLY LOCAL ACCESSIBLE LOCATION. AT THE TIME OF INSPECTION, THERE WAS NO SITE REPRESENTATIVE OR CONSTRUCTION TRAILER OR OFFICE BASED ON-SITE, AND THE SWPPP WAS NOT AVAILABLE TO EPA FOR REVIEW. 3. PART IV.B.2 OF THE PERMIT BY FAILING TO POST NEAR A MAIN ENTRANCE OF THE CONSTRUCTION SITE THE NOTICE OF COVERAGE WITH AN NPDES PERMIT NUMBER, NAME AND TELEPHONE NUMBER OF A LOCAL CONTACT PERSON, BRIEF DESCRIPTION OF THE PROJECT AND LOCATION OF THE SWPPP. AT THE TIME OF THE INSPECTION THERE WAS NO INFORMATION POSTED. 4. PART IV.D.2.a.i(a) OF THE PERMIT BY FAILING TO DESIGN EROSION AND SEDIMENT CONTROLS TO RETAIN SEDIMENT ON-SITE. DURING THE CSWEI, SEDIMENT WAS OBSERVED LEAVING THE SITE AT THE STREAM CROSSINGS AND FROM THE UNSTABILIZED BANKS OF JOHNS CREEK. 5. PART IV.D.2.A.ii(a) OF THE PERMIT BY FAILING TO INITIATE STABILIZATION MEASURES AS SOON AS PRACTICABLE IN PORTIONS OF THE SITE WHERE CONSTRUCTION ACTIVITIES HAVE TEMPORARILY OR PERMANENTLY CEASED. DURING THE CSWEI, IT WAS NOTED THAT THERE WAS NO STABILIZATION ON THE SLOPES ABOVE THE OUTFALL TO THE SEDIMENT BASIN AND UP TO THE PARKING LOT BELOW THE RETAINING WALL, OR ON THE BANKS OF THE CREEK. 6. PART VI.D.2.A.ii(b) OF THE PERMIT BY FAILING TO ACCOMPLISH TEMPORARY OR PERMANENT SOIL STABILIZATION WITHIN 15 DAYS AFTER FINAL GRADING OR OTHER EARTH WORK. AT THE TIME OF THE CSWEI, IT WAS NOTED THAT THERE WAS NO STABLIZATION AT THE SLOPES ABOVE THE OUTFALL TO THE SEDIMENT BASIN UP TO THE PARKING LOT BELOW THE RETAINING WALL, AND ON THE BANKS OF JOHNS CREEK. 7. PART IV.D.4.c OF THE PERMIT BY FAILING TO ENSURE THAT QUALIFIED PERSONNEL INSPECTED DISTURBED AREAS OF THE CONSTRUCTION SITE THAT WERE NOT FINALLY STABLIZED, AREAS USED FOR STORAGE OF MATERIALS THAT WERE EXPOSED TO PRECIPITATION, STRUCTURAL CONTROL MEASURES, AND LOCATIONS WHERE VEHICLES ENTERED OR EXITED THE SITE. AT THE TIME OF THE INSPECTION, THERE WAS NO SITE REPRESENTATIVE OR CONSTRUCTION TRAILER OR OFFICE LOCATED ON-SITE, AND INSPECTION REPORTS WERE NOT AVAILABLE FOR EPA'S REVIEW. 8. PART IV.D.4.h OF THE PERMIT BY FAILING TO DOCUMENT INSPECTIONS AND INLCUDE THE SCOPE OF THE INSPECTION, NAME(S) AND TITLE OR QUALIFICATIONS OF PERSONNEL MAKING THE INSPECTION, THE DATE(S) OF THE INSPECTION, MAJOR OBSERVATIONS RELATING TO IMPLEMENTATION OF THE SWPPP AND ACTIONS TAKEN. AT THE TIME OF THE INSPECTION THERE WAS NO SITE REPRESENTATIVE OR CONSTRUCTION TRAILER OR OFFICE LOCATED ON-SITE, AND INSPECTION REPORTS WERE NOT AVAILABLE FOR EPA'S REVIEW. 9. PART VI.A OF THE PERMIT BY FAILING TO RETAIN COPIES OF THE SWPPP AND ALL REPORTS REQUIRED BY THE PERMIT, FOR A PERIOD OF 3 YEARS FROM THE DATE OF FILING THE NOTICE OF TERMINATION . AT THE TIME OF INSPECTION THERE WAS NO ON-SITE REPRESENTATIVE OR CONSTRUCTION TRAILER OR OFFICE LOCATED ON SITE, AND A SWPPP WAS NOT AVAILABLE FOR EPA'S REVIEW. 10. PART VI.B OF THE PERMIT BY FAILING TO RETAIN A COPY OF THE SWPPP AT THE CONSTRUCTION SITE (OR ACCESSIBLE LOCATION) FROM THE DATE CONSTRUCTION COMMENCED TO THE DATE OF FINAL STABILIZATION. AT THE TIME OF THE INSPECTION THERE WAS NO SITE REPRESENTATIVE OR CONSTRUCTION TRAILER OR OFFICE LOCATED ON-SITE, AND A SWPPP WAS NOT AVAILABLE FOR EPA'S REVIEW. 11. PART VII.D OF THE PERMIT BY FAILING TO TAKE ALL REASONABLE STEPS TO MINIMIZE OR PREVENT ANY DISCHARGES IN VIOLATION OF THE PERMIT. DURING THE CSWEI, SEDIMENT WAS OBSERVED LEAVING TH

Defendants (1)

• SUMMIT DISTRIBUTION CENTER, LLCNamed in settlement

Facilities (1)

• SUMMIT DISTRIBUTION CENTER, BLDG #2

  5215 HIGHWAY 78 & HOLMES ROAD, MEMPHIS, TN, 38109

  Registry ID: 110022874086

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• SUMMIT DISTRIBUTION CENTERentered 2005-09-07

  Primary law: CWA

Timeline (3 milestones)

• 2005-09-07Final Order Issued
• 2005-09-09Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed