EPA v. HERITAGE PARTNERS, LLC (HERITAGE PARK PHASE 2)

Case summary

6/19/2007 - ADMINISTRATIVE COMPLAINT FILED, PROPOSING A PENALTY OF $32,500. COMPLAINT ALLEGES: ON MARCH 16, 2006, REPRESENTATIVES OF EPA, IN CONJUNCTION WITH ADEM, PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION ( CSWEI ) AT RESPONDENT'S DEVELOPMENT TO EVALUATE THE TREATEMENT AND DISPOSAL STORM WATER AT THE RESPONDENT'S DEVELOPMENT. DURING THE CSWEI, EPA OBSERVED THE FOLLOWING: RESPONDENT DID NOT ORIGINALLY APPLY FOR PERMIT COVERAGE ON THE ADDITIONAL DISTURBED ACRES, NOR HAD RESPONDENT AMENDED THE NOR OR THE CMPBPP TO REFLECT THE CHANGED CONDITIONS, AS REQUIRED BY RULES 335-6-12-.10(4)(b), 335-6-12-.21(2)(a), AND 335-6-12-.21(2)(b)(10 OF THE PERMIT REGULATIONS. THERE WERE NOT BMPs ON THE ADDITIONAL EIGHTEEEN DISTURBED ACRES, AS REQUIRED BY RULE 335-6-12-.21(3) OF THE PERMIT REGULATIONS, STREET CURB INLET PROTECTION AND THE SEDIMENT BASINS WERE NOT INSTALLED, AS DESCRIBED IN THE CBMPP AS REQUIRED, TEMPORARY OR PERMANENT STABILIZATION WAS NOT INITIATED WITHIN THIRTEEN DAYS WHERE CONSTRUCTION ACTIVITY HAD CEASED IN MAY OF 2005, AS REQUIRED, SEDIMENT DISCHARGE WAS OBSERVED IN THE UNNAMED TRIBUTARY TO SHADES CREEK NERAR LOT 88 NEXT TO EASTERN VALLEY ROAD. 2/5/2008 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $16,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.

Defendants (1)

• HERITAGE PARTNERS, LLC (HERITAGE PARK PHASE 2)Named in complaint

Facilities (1)

• HERITAGE PARK PHASE 2

  EASTERN VALLEY ROAD, MCCALLA, AL, 35111

  Registry ID: 110028129013

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• HERITAGE PARTNERS, LLC (HERITAGE PARK PHASE 2)entered 2008-02-05

  Primary law: CWA

  Federal penalty: $16,000

Timeline (4 milestones)

• 2007-06-19Complaint Filed/Proposed Order
• 2007-06-27Enforcement Action Data Entered
• 2008-02-05Final Order Issued
• 2008-03-12Enforcement Action Closed