EPA v. LANDCRAFT MANAGEMENT, LLC (HAMMET GROVE SUBDIVISION)

Case summary

2/16/06 - COMPLIANCE ORDER ISSUED. EPA INSPECTORS OBSERVED: A. CURB INLETS LACKED PROTECTION THROUGHOUT THE ENTIRE SITE. THIS CONTROL IS A REQUIREMENT IN THE FACILITY'S SWPPP. THERE WERE NO SILT FENCES INSTALLED BETWEEN THE PERIMETER OF THE STREETS AND DENUDED AREAS OF EACH INDIVIDUAL HOME LOT. THE LACK OF CURB INLET PROTECTION AND SILT FENCES INCREASED SEIMENTATION MOVEMENT AND CONTRIBUTED TO DISCHARGED OF SEDIMENTS INTO WATERS OF THE U.S. ROCK RIP RAP APRONS FROM THE TEMPORARY DETENTION BASIN LOCATED AT THE END OF A CUL-DE-SAC ALSO CONTAINED SEDIMENTS WHICH WERE DISCHARGING OFF-SITE. THE DETECTION BASIN (NUMBER 4) WAS IN NEED OF MAINTENANCE, I.E., RE-SEEDING AROUND ITS SLOPE. THEREFORE, LANDCRAFT VIOLATED PART IV.C OF THE PERMIT BY FAILING TO AMEND THE PLAN WHERE THERE IS A SIGNIFICANT EFFECT ON THE POTENTIAL FOR THE DISCHARGE OF POLLUTANTS TO SURFACE WATERS. B. BASINS LACKED TEMPORARY VEGETATION ON SLOPES. STEEP SLOPES AND EARTH BANKS LACKED TEMPORARY VEGETATION; I.E., RE-SEEDING. THEREFORE, LANDCRAFT VIOALTED PART IV.D.2.a(1) OF HTE PERMIT BY FAILING TO INITIATE STABILIZATION MEASURES AS SOON AS PRACITICABLE, BUT IN NO CASE MORE THAN 14 DAYS AFTER CONSTRUCTION ACTIVITY IN THAT PORTION OF THE SITE HAS TEMPORARILY OR PERMANENTLY CEASED. C. SEDIMENTS WERE OBSERVED ON PAVED STREETS OUTSIDE OF THE CONSTRUCTION AREA. THEREFORE, LANDCRAFT VIOLATED PART IV.D.2.c(2) OF THE PERMIT BY FAILING TO PROVIDE MEANS TO MINIMIZE THE TRACKING OF SEDIMENTS AND THE GENERATION OF DUST FROM ON-SITE VEHICLE TRACKING. D. AT THE TIME OF THE ON-SITE INSPECTION, RECORDS WERE NOT REVIEWED TO ENSURE THAT QUALIFIED PERSONNEL INSPECTED DISTURBED AREAS OF THE CONSTRUCTION SITE AND LOCATIONS WHERE VEHICLES ENTER OR EXIT THE SITE AT LEAST ONCE EVERY 7 CALENDAR DAYS AND WITHIN 24 HOURS OF THE END OF A STORM THAT IS 0.5 INCHES OR GREATER OR THAT DISTURBED AREAS AND AREAS USED FOR STORAGE OF MATERIALS THAT ARE EXPOSED TO PRECIPITATION FOR EVIDENCE OF, OR THE POTENTIAL FOR, POLLUTANTS ENTERING THE DRAINAGE SYSTEM WERE INSPECTED. THEREFORE, LANDCRAFT VIOLATED PARTS IV.D.4, IV.D.4(a), AND IV.D.4(b) OF THE PERMIT. E. THE FACILITY'S SWPPP, AS SUBMITTED TO THE SCDHEC, DOES NOT IDENTIFY EASTWOOD CONSTRUCTION COMPANY, INC., AND ANDERSON, INC., AS CONTRACTOR'S AND/OR SUBCONTRACTORS OPERATING AT THE FACILITY. THEREFORE, LANDCRAFT VIOLATED PART IV.E.1 OF THE PERMIT BY FAILING TO ENSURE THAT THE SWPPP CLEARLY IDENTIFIES, FOR EACH MEASURE IN THE SWPPP, THE CONTRACTORS THAT ARE OPERATING ON THE SITE. F. SILT FENCES WERE NOT PROPERLY MAINTAINED THROUGHOUT THE SITE. SILT FENCES WERE EITHER DOWN AND/OR OVERTOPPED WITH SEDIMENTS OR UNDERMINED FROM THE HIGH VELOCITY OF STORM WATER RUN OFF IN MANY AREAS OF THE FACILITY. THEREFORE, LANDCRAFT VIOALTED PART VI.N OF HTE PERMIT BY FAILING TO MAINTAIN ALL FACILITIES AND SYSTEMS OF TREATMENTS OF CONTROL (AND RELATED APPORTENANCES) WHICH ARE INSTALLED OR USED BY THE PERMITTEE TO ACHIEVE COMPLIANCE WITH CONDICTIONS OF THE PERMIT AND WITH THE REQUIREMENTS OF THE SWPPP. ORDER REQUIRES: A. IMMEDIATELY MODIFY THE SWPPP TO REFLECT THE CHANGE IN INSTALLATION OF CONTROLS SUCH AS CURB INLET PROTECTION THROUGHOUT THE ENTIRE SITE; THE INSTALLATION OF SILT FENCES ON THE STREETS AND DENUDED AREAS OF EACH INDIVIDUAL HOME LOT, AND THE ADDITION OF ROCK RIP RAP APRONS FROM THE TEMPORARY DETENTION BASIN LOCATED AT THE END OF A CUL-DE-SAC. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. B. IMMEDIATELY, INCLUDE IN THE SWPPP A DESCRIPTION OF INTERIM AND PERMANENT STABILIZATION PROACTICES, INCLUDING SITE-SPECIFIC SCHEDULING OF THE IMPLEMENTATION OF THE PRACTICES; A RECORD OF THE DATES WHEN MAJOR GRADING ACTIVITIES OCCUR, WHEN CONSTRUCTION ACTIVITIES TEMPORARILY OR PERMANENTLY CEASE ON A A PORTION OF THE SITE, AND WHEN STABILIZATION MEASURES ARE INITIATED SHALL BE INCLUDED IN THE SWPPP. WITHIN 30 DAY, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. C. IMMEDIATELY CEASE

Defendants (1)

• LANDCRAFT MANAGEMENT , LLCNamed in settlement

Facilities (1)

• HAMMET GROVE (EASTWOOD HOMES SITE)

  HAMMET BRIDGE ROAD AND CIRCLE ROAD, GREER, SC, 29650

  Registry ID: 110024539347

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• LANDCRAFT MANAGEMENT, LLC (HAMMET GROVE SUBDIVISION)entered 2006-02-16

  Primary law: CWA

Timeline (3 milestones)

• 2006-02-16Final Order Issued
• 2006-04-05Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed