EPA v. POARCH BAND OF CREEK INDIANS

Case summary

1/19/06 - ADMINISTRATIVE CONSENT ORDER ISSUED. ALLEGATIONS: THE POARCH ARE NOT IN COMPLIANCE WITH SECTIONS 301 AND 402(p) OF THE CWA IN THAT THE POARCH HAVE FAILED TO OBTAIN COVERAGE UNDER THE EPA PERMIT FOR STORM WATER DISCHARGES FROM ITS FACILITY ON INDIAN TRUST LAND AND HAVE FAILED TO COMPLY WITH THE REQUIREMENTS OF THE ADEM PERMIT FOR STORM WATER DISCHARGES FROM ITS FACILITY ON TRIBALLY OWNED LAND. ORDER REQUIRES: IMMEDIATELY, COMPLETE AND SUBMIT A NOI TO EPA AT THE ADDRESS CONTAINED IN THE EPA PERMIT OR CEASE ALL STORM WATER DISCHARGES FROM THE CONSTRUCTION SITE. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. IMMEDIATELY ENSURE THAT ALL REASONABLE STEPS TO PREVENT AND/OR MINIMIZE THE DISCHARGE OF SEDIMENTS ARE TAKEN AND ENSURE THAT BMPs ARE DESIGNED, IMPLEMENTED, AND OPERATED TO THE MAXIMUM EXTENT POSSIBLE. SPECIFICALLY, ENSURE THAT APPROPRIATE AND EFFECTIVE BMPs ARE IN PLACE TO CONTROL THE DISCHARGE OF SEDIMENTS INTO THE UNNAMED TRIBUTARY TO AND INTO THE COOSA RIVER. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIRMENT HAS BEEN MET. IMMEDIATELY, ENSURE THAT PERMANENT REVEGETATION OR STABILIZATION AND RESTORATION IS PERFORMED AT THE STORM WATER OUTLETS AND UNPROTECTED STREAMBED AND/OR UNSTABILIZED RAISED CROSSING STRUCTURE IN THE UNNAMED TRIBUTARY OF THE COOSA RIVER. IMMEDIATELY, MODIFY THE EROSION AND SEDIMENT CONTROL PLAN TO INCLUDE THE INCREASE IN SIZE OF THE PROJECT, THE ADDITION OF OUTFALLS, AND THE ADDITION OF RECEIVING STREAMS. IMMEDIATELY, ENSURE THAT ADEQUATE STABILIZATION OCCURS ON ALL AREAS WHERE CONSTRUCTION HAS CEASED FOR OVER 14 DAYS.

Defendants (1)

• POARCH BAND OF CREEK INDIANSNamed in settlement

Facilities (2)

• RIVERSIDE ENTERTAINMENT CENTER

  100 RIVER OAKS DRIVE, WETUMPKA, AL, 36092

  Registry ID: 110028105011

• RIVERSIDE ENTERTAINMENT CENTER

  100 RIVER OAKS DRIVE, WETUMPKA, AL, 36092

  Registry ID: 110028105011

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• POARCH BAND OF CREEK INDIANSentered 2006-01-19

  Primary law: CWA

Timeline (3 milestones)

• 2006-01-19Final Order Issued
• 2006-03-30Enforcement Action Data Entered
• 2006-05-04Enforcement Action Closed