EPA v. FINKE, HOMES, INC. (CEDAR VALLEY RESORT)

Case summary

CONSENT AGREEMENT AND FINAL ORDER ISSUED 1/17/2008, ASSESSING A PENALTY OF $30,000. RESPONDENT SHALL MAKE EIGHT INSTALLMENT PAYMENTS. THE FIRST PAYMENT OF $3,750 IS DUE BY 2/17/2008. THE LAST PAYMENT IS DUE BY 10/09. ORDER ALLEGES: DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: A) 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, IN VIOLATION OF PART II OF THE PERMIT. RESPONDENT FAILED TO PROPERLY OPERATE AND MAINTAIN ALL FACILITIES AND SYSTEMS OF TREATMENT AND CONTROL AND RELATED APPURTENANCES, IN VIOLATION OF PART II OF THE PERMIT. RESPONDENT FAILED TO PROVIDE A SITE MAP, IN VIOLATION OF PART IV.A OF THE PERMIT. RESPONDENT FAILED TO PRESERVE EXISTING VEGETATION WHERE POSSIBLE, IN VIOLATION OF PART IV.B(1) OF THE PERMIT. RESPONDENT DID NOT ENSURE THAT QUALIFIED PERSONNEL CONDUCTED INSPECTIONS OF ALL STORM WATER CONTROL MEASURES, DISCHARGE LOCATIONS, VEHICLE EXITS, AND DISTURBED AREAS OF THE CONSTRUCTION SITE, IN VIOLATION OF PART IV.F OF THE PERMIT.

Defendants (1)

• FINKE HOMES, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• CEDAR VALLEY RESORT

  15 GRANDVIEW HEIGHT (EIBECK LANE), WILLIAMSTOWN, KY, 41097

  Registry ID: 110028233748

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• FINKE, HOMES, INC. (CEDAR VALLEY RESORT)entered 2008-01-17

  Primary law: CWA

  Federal penalty: $30,000

Timeline (3 milestones)

• 2008-01-17Final Order Issued
• 2008-01-17Complaint Filed/Proposed Order
• 2008-01-29Enforcement Action Data Entered