EPA v. J. T. FUTURE, INC. (INDIAN TRAIL PLAZA)

Case summary

3/14/06 - CAFO ISSUED, ASSESSING A PENALTY OF $24,000. RESPONDENT SHALL MAKE FIRST PAYMENT OF $8,000 WITHIN THIRTY DAYS. THE LAST PAYMENT OF $8,120 TO BE PAID BY JANUARY 1, 2007. CAFO ALLEGES THE FOLLOWING VIOLATIONS: A) PART III.C.1 AND PART III.C.2 OF THE PERMIT BY FAILING TO IMPLEMENT, DESIGN, INSTALL, OR MAINTAIN BEST MANAGEMENT PRACTICES ( BMPs ); I.E., CHECK DAMS, RIP RAP, SILT FENCES, THE UNDERGROUND SEDIMENTATION POND, AND SEEDING AND MULCHING AS REQUIRED BY THE PLAN. FAILURE TO ADHERE TO THE PLAN ALLOWED FOR THE LOSS OF SEDIMENT TO THE RECEIVING WATER. B) PART IV.C. OF THE PERMIT BY FAILNG TO AMEND THE PLAN WHENEVER THERE WAS A CHANGE IN DESIGN, CONSTRUCTION, OPERATION , OR MAINTENANCE. THE PLAN WAS NOT AMENDED TO ADD THE TEMPORARY SEDIMENTATION POND INSTALLED AT THE NORTHWEST PORTION OF THE SITE OR THE CHECK DAMS INSTALLED ON THE WESTERN PORTION OF THE SITE. C) PART IV.D.1 OFTHE PERMIT BY FAILING TO ENSURE THAT THE PLAN PROVIDED A DESCRIPTION OF THE POLLUTANT SOURCES AND OTHER INFORMATION AS INDICATED: (1) A STIE MAP INDICATING SURFACE WATERS, AND LOCATIONS WHERE STORM WATER IS DISCHARGED TO A SURFACE WATER; AND (2) IDENTIFYING THE RECEIVING WATER AND AREAL EXTENT OF WETLAND ACREAGE AT THE SITE. THESE ITEMS WERE NOT IDENTIFIED ON THE PLAN REVIEWED DURING THE CSWEI. D) PART IV.D.2.a.(1) OF THE PERMIT BY FAILING TO ENSURE THAT THE PLAN CONTAINED A DESCRIPTION OF INTERIM AND PERMANENT STABILIZATION MEASURES, INCLUDING SITE SPECIFIC SCHEDULING OF THE IMPLEMENTATION OF THE MEASURES WITHIN FOURTEEN (14) DAYS AFTER CONSTRUCTION ACTIVITY IN THAT PORTION OF THE SITE HAD TEMPORARILY OR PERMANENTLY CEASED. NO SEEDING OR MULCHING REQUIRED BY THE PLAN WAS OBSERVED BY THE EPA INSPECTOR DURING THE CSWEI. E) PART IV.D.2a.(3) OF THE PERMIT BY FAILING TO CONSTRUCT A PERMANENT SEDIMENTATION BASIN AS REQUIRED BY PLAN. A TEMPORARY SEDIMENTATION BASIN, WHICH NEEDED MAINTENANCE BY REMOVAL OF SEDIMENTS, WAS OBSERVED DURING THE CSWEI; THIS BASIN WAS NOT CONTAINED IN THE PLAN. THE UNDERGROUND SEDIMENTATION BASIN REQUIRED BY THE PLAN HAD NOT BEEN CONSTRUCTED AT THE TIME OF THE CSWEI. F) PART IV.D.3.a.(1), PART IV.D.3.A.(2), AND PART IV.D.3.A.(3) OF THE PERMIT BY FAILING TO ENSURE THAT QUALIFIED PERSONNEL INSPECTED: (a) ALL AREAS AT THE SITE WHERE PETROLEUM PRODUCTS WERE STORED, USED OR HANDLED FOR SPILLS AND LEAKS FROM VEHICLES AND EQUIPMENT; (B) ALL LOCATIONS WHERE VEHICLES ENTERED OR EXITED THE SITE FOR EVIDENCE OF OFF-SITE SEDIMENT TRACKING; AND (c) MEASURED RAINFALL ONCE EACH TWENTY-FOUR (24) HOUR PERIOD AT THE SITE. RESPONDENT ALSO FAILED TO ENSURE THAT QUALIFIED PERSONNEL INSPECTED THE SITE AT LEAST ONCE EVERY SEVEN (7)CALENDAR DAYS AND WITHIN TWENTY-FOUR (24) HOURS OF THE END OF THE STORM OF 0.5 INCHES OR GREATER. INSPECTION REPORTS REVIEWED BY EPA DID NOT CONTAIN A SIGNATURE OF A QUALIFIED INSPECTOR OR A CERTIFICATION STATEMENT. G) PART IV.D.4 OF THE PERMIT BY FAILING TO ENSURE THAT THE PLAN CONTAINED A DESCRIPTION OF PROCEDURES TO ENSURE THE TIMELY MAINTENANCE OF VEGETATION, EROSION AND SEDIMENT CONTROL MEASURES AND OTHER PROTECTIVE MEASURES IDENTIFIED IN THE PLAN. SEEDING AND MULCHING IN ACCORDANCE WITH THE PLAN WERE NOT OBSERVED DURING THE CSWEI. H) PART I.V.3.5c.(1) OF THE PERMIT BY FAILING TO REQUIRE SAMPLING OF THE RECEIVING WATER, OR OUTFALL, OR A COMBINATION OF RECEIVING WATER AND OUTFALL. NO SAMPLING DATA WAS MADE AVAILABLE FOR REVIEW BY THE EPA INSPECTOR. I) PART IV.E.(2) OF THE PERMIT BY FAILING TO RETAIN COPIES OF ALL MONITORING RESULTS. NO SAMPLING DATA WAS MADE AVAILABLE FOR REVIEW BY THE EPA INSPECTOR. J) PART V.L OF THE PERMIT BY FAILING TO PROPERLY OPERATE AND MAINTAIN ALL FACILITIES AND SYSTEMS OF TREATMENT AND CONTROL (AND RELATED APPURTENANCES) WHICH WERE INSTALLED OR USED BY THE PERMITTEE TO ACHIEVE COMPLIANCE WITH THE CONDITIONS OF THE PERMIT AND WITH THE REQUIRED PLAN. THE EPA INSPECTORS OBSERVED THE LACK OF MAINTENANCE ON SILT FENCES AND THE TEMPORARY SEDIMENTATION BASIN LOCATED ON THE NORT

Defendants (1)

• J. T. FUTURE, INC.Named in complaintNamed in settlement

Facilities (1)

• INDIAN TRAIL ROAD PLAZA

  1300 INDIAN TRIAL ROAD, NORCROSS, GA, 30093

  Registry ID: 110024281472

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• J. T. FUTURE, INC. (INDIAN TRAIL PLAZA)entered 2006-03-14

  Primary law: CWA

  Federal penalty: $24,000

Timeline (4 milestones)

• 2006-03-14Complaint Filed/Proposed Order
• 2006-03-14Final Order Issued
• 2006-03-20Enforcement Action Data Entered
• 2007-02-20Enforcement Action Closed