EPA v. PORTER DEVELOPMENT COMPANY, LLC / SHELBY STATION

Case summary

8/10/05 - COMPLIANCE ORDER ISSUED. VIOLATION: FAILURE TO COMPLY WITH THE REQUIREMENTS OF THE CWA BY DISCHARGING STORM WATER INTO WATERS OF THE U.S. FROM ITS FACILITY WITHOUT BENEFIT OF COVERAGE UNDER THE TDEC PERMIT. ORDER REQUIRES: A. IMMEDIATELY, CEASE THE DISCHARGE OF STORM WATER THAT IS IN VIOLATION OF THE STATE WATER QUALITY STANDARD AND MEASURE TO ENSURE FUTURE DISCHARGES DO NOT CAUSE OR CONTRIBUTE TO THE VIOLATION OF A WATER QUALITY STANDARDS; SPECIFICALLY, AT THE DIVERSION DITCHES THAT DISCHARGE DIRECTLY INTO A CREEK AND AT THE STREAM CROSSING OR SWALES THAT DISCHARGE INTO WATERS. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT OF THE ORDER HAS BEEN MET. B. IMMEDIATELY, BEGIN CONDUCTING WEEKLY SELF INSPECTIONS AND PROVIDE CERTIFICATION TO EPA. WITHIN 30 DAYS, SUBMIT DOCUMENTATION STATING THAT THIS REQUIREMENT OF THE ORDER HAS BEEN MET. C. IMMEDIATELY, POST A COPY OF THE NOTICE OF COVERAGE FROM TDEC AT THE ENTRANCE OF THE SITE. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. D. IMMEDIATELY, DESIGN EROSION AND SEDIMENT CONTROLS TO RETAIN SEDIMENT ONSITE; SPECIFICALLY, INSTALL THE PROPER SEDIMENT BASINS AND/OR CHECK DAMS ACCORDING TO THE APPROVED PLAN. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT OF THE ORDER HAS BEEN MET. E. IMMEDIATELY, REMOVE THE ACCUMULATION OF SEDIMENT THAT HAS REACHED THE RECEIVING STREAM; SPECIFICALLY, AT THE N STREAM CROSSING AS WELL AS OTHER AREAS THROUGHOUT THE ENTIRE SITE. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. F. IMMEDIATELY, MAINTAIN RECORDS ONSITE REGARDING MAJOR GRADING ACTIVITIES AND WHEN CONSTRUCTION ACTIVITIES TEMPORARILY OR PERMANENTLY CEASE AND WHEN STABILIZATION MEASURES ARE INITIATED. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. G. IMMEDIATELY, INCLUDE A DESCRIPTION OF INTERIM AND PERMANENT STABLIZATION PRACTICES. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. H. IMMEDIATELY, MINIMIZE OFF-SITE VEHICLE TRACKING OF SEDIMENTS AND GENERATION OF DUST. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. I. IMMEDIATELY, CONDUCT INSPECTIONS FOR WATERS LISTED ON THE 303(d) LIST FOR SILTATION BEFORE ANTICIPATED STORM EVENTS, WITHIN 24 HOURS AFTER THE END OF A STORM EVENT OF 0.5 INCHES OR GREATER AND AT LEAST ONCE PER WEEK. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. J. IMMEDIATELY, RETAIN COPIES OF ALL RECORDS ON SITE; SPECIFICALLY A LOG OF INSPECTIONS AND ANY CORRECTIVE ACTIONS TAKEN, AS WELL AS THE APPROVED PERMIT AND SWPPP. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT OF THE ORDER HAS BEEN MET. K. IMMEDIATELY, TAKE ALL REASONABLE STEPS TO MINIMIZE OR PREVENT DISCHARGES IN VIOLATION OF THE PERMIT. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. L. IMMEDIATELY, OPERATE AND MAINTAIN ALL FACILITIES AND SYSTEMS OF TREATMENT AND CONTROL (AND RELATED APPURTENANCES) IN SUCH A MANNER TO ACHIEVE COMPLIANCE WITH THE CONDITIONS OF THE PERMIT AND THE SWPPP. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET

Defendants (1)

• PORTER DEVELOPMENT COMPANY, LLC (SB)Named in settlement

Facilities (1)

• SHELBY STATION

  S SIDE OF E. SHELBY DR & E. OF NONCONNAH CREEK, COLLIERVILLE, TN, 38017

  Registry ID: 110022873149

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• PORTER DEVELOPMENT COMPANY, LLC / SHELBY STATIONentered 2005-08-10

  Primary law: CWA

Timeline (3 milestones)

• 2005-08-10Final Order Issued
• 2005-08-16Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed