EPA v. CHARLOTTE-MECKLENBURG UTILITIES - BEAVER DAM CREEK OUTFALL PUMP STATION

Case summary

9/7/06 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $75,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: AS A RESULT OF A COMPLIANCE STORM WATER EVALUATION INSPECTION ( CSWEI ), REGION 4 HAS DETERMINED THAT RESPONDENT DISCHARGED STORM WATER ASSOCIATED WITH INDUSTRIAL ACTIVITIY FROM ITS FACILITY WITHIN. RSPONDENT FAILED TO COMPLY WITH PART I.A.W OF THE PERMIT BY FAILING TO IMPLEMENT THE APPROVED PLAN; I.E., FAILING TO PROVIDE THE EROSION AND SEDIMENT CONTROL MEASURES OUTLINED IN THE PLAN. RESPONDENT FAILED TO COMPLY WITH PART I.B.1 OF THE PERMIT BY FAILING TO INSPECT ALL STORM WATER RUNOFF DISCHARGES AT LEAST ONCE EVERY SEVEN (7) CALENDAR DAYS AND WITHIN TWENTY-FOUR (24) HOURS AFTER ANY STORM EVENT GREATER THAN 0.5 INCHES OF RAIN PER TWENTY-FOUR HOUR PERIOD. RESPONDENT ALSO FAILED TO MAINTAIN A RAIN GAUGE ON-SITE AND TO RECORD THE DATES AND AMOUNT OF RAINFALL. RESPONDENT FAILED TO COMPLY WITH PART I.B.2 OF THE PERMIT BY FAILING TO TAKE CORRECTIVE ACTION IMMEDIATELY TO CONTROL THE DISCHARGE OF SEDIMENTS FROM THE DISTURBED LIMITS OF THE SITE.

Defendants (1)

• CHARLOTTE-MECKLENBURG UTILITIESNamed in complaintNamed in settlement

Facilities (1)

• PUMP STATION

  UNKNOWN, UNKNOWN, NC, 00000

  Registry ID: 110021023319

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• CHARLOTTE-MECKLENBURG UTILITIES - BEAVER DAM CREEK OUTFALL PUMP STATIONentered 2006-09-07

  Primary law: CWA

  Federal penalty: $75,000

Timeline (4 milestones)

• 2006-09-07Final Order Issued
• 2006-09-07Complaint Filed/Proposed Order
• 2006-09-15Enforcement Action Data Entered
• 2006-10-03Enforcement Action Closed