EPA v. SOUTHCREEK BUILDERS, LLC (SOUTHCREEK PLACE SUBDIVISION)

Case summary

5/4/2007 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $10,000, DUE WITHIN 30 DAYS. ON MARCH 29, 2006, REPRESENTATIVES OF EPA AND THE CITY OF OLIVE BRANCH PERFORMED A CSWEI AT FACILITY. AS A RESULT, EPA ALLEGES THE FOLLOWING: A. THE SWPPP WAS NOT AVAILABLE FOR REVIEW; THE CITY OF OLIVE BRANCH PROVIDED A SWPPP FOR USE DURING THE INSPECTION. THE SWPPP PROVIDED DID NOT IDENTIFY OPERATORS AT THE SITE, CONTAINED NO SEQUENCE OF CONSTRUCTION EVENTS, NO DIRECTION OF STORMWATER FLOW OR SLOPES, NO RECEIVING WATERS WERE IDENTIFIED, AND IT DID NOT ADDRESS POST-CONSTRUCTION ISSUES. B. THERE WERE NOT RECORDS AVAILABLE FOR REVIEW. C. THERE WAS NO SILT FENCING ALONG STATELINE ROAD AND THE ROAD NEAREST LOT NO. 44. NO SILT FENCES WERE OBSERVED AT THE SEDIMENTATION POND CONSTRUCTED IN THE STREAM. FENCING WAS ALSO ABSENT FROM THE AREAS DISCHARGING INTO THE UNNAMED TRIBUTARY FROM THE EAST BOX CULVERT TO THE EAST PRO 3/3/2009 - RESPONDENT FILED FOR CHAPTER 7 ON 12/19/2008. TREASURY HAS RETURNED THE CASE TO EPA SINCE THE DEBTOR IS IN BANKRUPTCY PROCEEDINGS. SINCE THE DEBTOR IS IN BANKRUPTCY AND THE SITE WAS STABILIZED BY THE DEBTOR PRIOR TO THE BANKRUPTCY PROCEEDING, EPA WILL TAKE NO FURTHER ACTION. THE AO AND CONSENT AGREEMENT AND FINAL ORDER WILL BE INACTIVTATED.

Defendants (1)

• SOUTHCREEK BUILDERS, LLCNamed in complaintNamed in settlement

Facilities (1)

• SOUTHCREEK PLACE

  STATELINE ROAD, OLIVE BRANCH, MS, 38654

  Registry ID: 110024595428

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• SOUTHCREEK BUILDERS, LLC (SOUTHCREEK PLACE SUBDIVISION)entered 2007-05-04

  Primary law: CWA

  Federal penalty: $10,000

Timeline (4 milestones)

• 2007-05-04Complaint Filed/Proposed Order
• 2007-05-04Final Order Issued
• 2007-05-30Enforcement Action Data Entered
• 2009-03-03Enforcement Action Closed