EPA v. STEVE ETHERIDGE DEVELOPMENT COMPANY (SOMMERSET SUBDIVISION PHASES 1 & 2)

Case summary

9/2/05 - COMPLIANCE ORDER ISSUED. VIOLATIONS: 1. FAILURE 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 ARE INSTALLED IN WORKING ORDER. AT THE TIME OF THE INSPECTION THERE WAS NO SITE REPRESENTATIVE, CONSTRUCTION TRAILER OR OFFICE LOCATED ON-SITE AND INSPECTION REPORTS WERE NOT MADE AVAILABLE FOR EPA TO REVIEW. 2. PART IV.B.1 OF THE PERMIT STATES THAT THE PERMITTEE SHALL MAINTAIN THE STORMWATER POLLUTION PREVENTION PLAN (SWPPP) ONSITE OR, IF LOCATED OFF-SITE, WITHIN A REASONABLY LOCAL ACCESSIBLE LOCATION. AT THE TIME OF THE INPSECTION THERE WAS NO SITE REPRESENTATIVE, NO CONSTRUCTION TRAILER OR OFFICE LOCATED ON-SITE, AND A SWPPP WAS NOT AVAILABLE FOR EPA TO REVIEW. 3.. FAILURE TO POST NEAR A MAIN ENTRANCE OF THE CONSTRUCTION SITE THE NOTICE OF COVERAGE WITH AN NPDES PERMIT NUMBER. AT THE TIME OF THE INSPECTION THERE WAS NO NOTICE OF COVERAGE POSTED NEAR THE MAIN ENTRANCE OF THE CONSTRUCTION SITE. 4. PART IV.D.2.a.i(a) OF THE PERMIT REQUIRES THE PERMITTEE TO DESIGN EROSION AND SEDIMENT CONTROLS TO RETAIN SEDIMENT ON-SITE. AT THE TIME OF THE CSWEI, EPA OVSERVED THAT SEDIMENT HAS BEEN DEPOSITED OFF-SITE. PART IV.D.2.a.i(k) OF THE PERMIT BY FAILING TO ENSURE THAT EROSION AND SEDIMENT CONTROL MEASURES WERE IN PLACE AND FUNCTIONAL BEFORE EARTH MOVING OPERATIONS BEGAN, AND WERE CONSTRUCTED AND MAINTAINED THROUGHOUT THE CONSTRUCTION PERIOD. EPA OBSERVED DURING THE CSWEI THAT SILT FENCING WAS NOT PLACED AT THE EAST SIDE OUTFALL ON SUNSET DRIVE BEHINE LOTS 41 AND 42 AT THE FAR WEST END OF SUMMER COVE STREET BEHIND LOTS 16 AND 17, ON THE NORTHWESTERN PERIMETER AROUND BOTH OUTFALLS NEAR THE FRONT ENTRANCE AT LOTS 1 AND 2 AND ADJACENT TO LOTS 6, 7, AND 8, AS REQUIRED BY THE SWPPP. IN ADDITION, IT WAS OBSERVED THAT THERE WAS NOT TEMPORARY SEDIMENT TRAP LOCATED NEAR THE FRONT ENTRANCE WHERE BEAU TISDALE AND SUNNY FIELDS ROADS CROSS AT LOTS 1 AND 2, AT THE OUTFALL ON THE EAST PERIMETER OF THE SITE ADJACENT TO LOTS 41 AND 42, AT THE FAR WEST END OF SUMMER COVE STREET BETWEEN LOTS 16 AND 17, AND NO SEDIMENT BASIN WAS ADJACENT TO LOT 18 ON SUMMERSET COVE, AS REQUIRED BY THE SWPPP. 6. 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. AT THE TIME OF THE INSPECTION, THE BANKS OF THE OUTFALLS WERE NOT STABILIZED ALLOWING MAJOR GULLY EROSION AND NO STABILIZATION HAD BEEN ESTABLISHED ON TEH SITE. 7. PART IV.D.2.iii(b) OF THE PERMIT BY FAILING TO PROVIDE FOR COMMON DRAINAGE LOCATIONS THAT SERVICE AN AREA WITH 10 OR MORE ACRES DISTURBED AT ONE TIME. DURING THE CSWEI, NO TEMPORARY SEDIMENT TRAP WAS OBSERVED NEAR THE FRONT ENTRANCE WHERE BEAU TISDALE AND SUNNY FIELDS CROSS AT LOTS 1 AND 2, AT THE OUTFALL ON THE EAST PERIMETER OF THE SITE ADJACENT TO LOTS 41 AND 42, OR AT THE FAR WEST END OF SUMMER COVE STREET BETWEEN LOTS 16 AND 17. 8. PART IV.D.2.c.ii OF THE PERMIT BY FAILING TO MINIMIZE OFF-SITE VEHICLE TRACKING OF SEDIMENTS AND THE GENERATION OF DUST. AT THE TIME OF THE INSPECTION, THERE WERE NO CONSTRUCTION ENTRANCE AND EXIT CONTROLS ON-SITE, AS INDICATED ON THE SWPPP. 9. PART IV.D.4.c OF THE PERMIT BY FAILING TO ENSURE THAT QUALIFIED PERSONNEL INSPECTED DISTURBED AREAS OF THE CONSTRUCTION SITE THAT HAVE NOT BEEN FINALLY STABILIZED, 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, NO CONSTRUCTION TRAILER OR OFFICE LOCATED ON-SITE, AND INSPECTION REPORTS WERE NOT AVAILABLE FOR EPA'S REVIEW. 10. PART IV.D.4.h OF THE PERMIT BY FAILING TO DOCUMENT INSPECTIONS AND INCLUDE THE SCOPE OF THE INSPECTION. AT THE TIME OF THE INSPECTION THERE WAS NO SITE REPRESENTATIVE, NO CONSTRUCTION TRAI

Defendants (1)

• STEVE ETHERIDGE DEVELOPMENT CO. (SB)Named in settlement

Facilities (1)

• SOMMERSET SUBDIVISION

  S OF HWY 64, TERRY ROAD, OAKLAND, TN, 38060

  Registry ID: 110022874077

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• STEVE ETHERIDGE DEVELOPMENT COMPANY (SOMMERSET SUBDIVISION PHASES 1 & 2)entered 2005-09-02

  Primary law: CWA

Timeline (3 milestones)

• 2005-09-02Final Order Issued
• 2005-09-08Enforcement Action Data Entered
• 2007-12-03Enforcement Action Closed