EPA v. PHILLIPS BROTHERS CONSTRUCTION (SHADOW CREEK SUBD. SECT. 5)

Case summary

6/28/2007 - CONSENT AGREEMENT AND FINAL ORDER (CAFO) ISSUED, ASSESSING A PENALTY OF $20,000. ORDER ALLEGES: RESPONDENT FAILED TO TAKE ALL REASONABLE STEPS TO MINIMIZE OR PREVENT ANY DISCHARGE WHICH HAS A REASONABLE LIKELIHOOD OF ADVERSELY AFFECTING HUMAN HEALTH OR THE ENVIRONMENT, AS REQUIRED BY PART II OF THE PERMIT AND 401 KAR 5:065 SECTION 1(4) RESPONDENT FAILED TO REDUCE THE POLLUTANTS IN STORM WATER DISCHARGES BY PROPERLY OPERATING AND MAINTAINING ALL FACILITIES AND SYSTEMS OF TREATMENT AND CONTROL AND RELATED APPURTENANCES IN ACCORDANCE WITH PART II OF THE PERMIT AND 401 KAR 4:065 SECTION 1(5). RESPONDENT FAILED TO MODITY THE BMP PLAN WHEN THERE IS A CHANGE IN DESIGN, CONSTRUCTION, OPERATION, OR MAINTENANCE OF THE SITE WHICH HAS A SIGNIFICANT EFFECT ON THE POTENTIAL FOR THE DISCHARGE OF POLLUTANTS TO SURFACE WATES WITHIN SEVEN (7) DAYS IN ACCORDANCE WITH PART IV OF THE PERMIT. RESPONDENT FAILED TO PROVIDE THE BMP PLAN, A CLEAR DESCRIPTION OF THE ORDER OF MAJOR SOIL DISTURBING ACTIVITIES, THE POST CONSTRUCTION RUNOFF COEFFICIENT, ANY EXISTING DATA DESCRIBING SOIL CONDITION OR DISCHARGED QUALITY, RECEIVING WATER NAME AND A SITE MAP.

Defendants (2)

• PHILLIPS BROTHERS CONSTRUCTIONNamed in complaintNamed in settlement
• SHADOW CREEK SUBDIVISION SECTION 5Named in complaintNamed in settlement

Facilities (1)

• SHADOW CREEK SUBD SECTION 5

  KENSINGTON WAY, ELIZABETHTOWN, KY, 42701

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• PHILLIPS BROTHERS CONSTRUCTION (SHADOW CREEK SUBD. SECT. 5)entered 2007-06-28

  Primary law: CWA

  Federal penalty: $20,000

Timeline (4 milestones)

• 2007-06-28Final Order Issued
• 2007-06-28Complaint Filed/Proposed Order
• 2007-07-03Enforcement Action Data Entered
• 2007-07-13Enforcement Action Closed