EPA v. S&S LAND DEVELOPMENT, LLC (NORTH FARM COTTAGES)

Case summary

5/22/07 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $10,000 DUE WITHIN 30 DAYS. ALLEGATIONS: ON SEPT 28, 2006, EPA AND NCDENR PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT FACILITY. DURING THE CSWEI, EPA OBSERVED THE FOLLOWING: A. THERE WERE NO RECORDS AVAILABLE ON-SITE FOR REVIEW, AS REQUIRED BY PART I.B.3 OF THE PERMIT. B. THERE WAS SEDIMENT DEPOSITED INTO 10 INLET STRUCTURES LOCATED AT FOLLOWING LOCATIONS: 3 INLETS ON ASHBY DR, 5 INLETS ON COTTAGE DR, AND 2 INLETS AT END OF SAXON COURT ADJACENT TO LOT 71. THIS IS A FAILURE TO COMPLY WITH PART I.C.1 OF THE PERMIT. C. DETENTION POND WSA FILLED WITH SEDIMENT AND IN NEED OF MAINTENANCE AT OUTFALL ADJACENT TO LOT 71. THIS IS A FAILURE TO COMPLY WITH PART 1.C.2 OF PERMIT. D. THERE WAS NO GROUND COVER ON-SITE AS REQUIRED BY THE PLAN, WITHIN 14 DAYS AFTER CONSTRUCTION HAD CEASED IN AN AREA, AS REQUIRED BY PART I.C.1 OF PERMIT. E. SEDIMENT WAS DEPOSITED OFF-SITE INTO A STREAM ADJACENT TO THE RETAINING WALL AT THE SE PERIMETER OF SITE. THIS IS A FAILURE TO COMPLY WITH PART II.B.2 OF PERMIT.

Defendants (1)

• S&S LAND DEVELOPMENT, LLCNamed in complaintNamed in settlement

Facilities (1)

• NORTHFARM COTTAGES

  STATE ROAD 1703, CLAYTON, NC, 27523

  Registry ID: 110028210656

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• S&S LAND DEVELOPMENT, LLC (NORTH FARM COTTAGES)entered 2007-05-22

  Primary law: CWA

  Federal penalty: $10,000

Timeline (4 milestones)

• 2007-05-22Final Order Issued
• 2007-05-22Complaint Filed/Proposed Order
• 2007-06-18Enforcement Action Data Entered
• 2007-12-04Enforcement Action Closed