EPA v. WALTON LAND DEVELOPMENT LLC, (WALTON TOWNE CENTER)

Case summary

5/30/2006 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $25,000. DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: RESPONDENT FAILED TO TAKE ALL REASONABLE STEPS TO MINIMIZE OR PREVENT ANY DISCHARGE IN VIOLATION OF THE PERMIT WHICH HAD 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 5:065 SECTION 1(5). RESPONDENT FAILED TO MODIFY THE BMP PLAN WHEN THERE WAS A CHANGE IN DESIGN, CONSTRUCTION, OPERATION, OR MAINTENANCE OF THE FACILITY, AS REQUIRED BY PART IV OF THE PERMIT. RESPONDENT FAILED TO INCLUDE IN ITS BMP PLAN THE ORDER OF ALL MAJOR SOIL DISTURBING ACTIVITIES AND A SEQUENCE OR SCHEDULE OF IMPLEMENTATION OF THE EROSION AND SEDIMENT CONTROL MEASURES ON-SITE, AS REQUIRED BY PART IV.A AND PART IV.B OF THE PERMIT.

Defendants (1)

• WALTON LAND DEVELOPMENT, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• WALTON TOWNE CENTER

  KENTUCKY HIGHWAY 16 AND I-75, WALTON, KY, 41094

  Registry ID: 110028225837

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• WALTON LAND DEVELOPMENT LLC, (WALTON TOWNE CENTER)entered 2007-05-30

  Primary law: CWA

  Federal penalty: $25,000

Timeline (4 milestones)

• 2007-05-30Complaint Filed/Proposed Order
• 2007-05-30Final Order Issued
• 2007-06-13Enforcement Action Data Entered
• 2007-07-03Enforcement Action Closed