EPA v. OVERCASH GRAVEL & GRADING CO., INC. - WHSPERING WINDS SUBDV. PHASE 2

Case summary

5/21/2007 - ADMINISTRATIVE ORDER ISSUED. ORDER ALLEGES: ON MARCH 15, 2007, REPRESENTATIVES OF EPA, IN CONJUCTION WITH CABARRUS COUNTY, PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION ( CSWEI ) AT WHISPERING WINDS SUBDVISION PHASE 2 TO EVALUATE THE TREATMENT AND DISPOSAL OF STORM WATER IN ACCORDANCE WITH THE CWA, REGULATIONS OF 40 C.F.R. SECTION 122.26, AND THE NCDENR PERMIT. DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: THE PLAN WAS NOT IMPLEMENTED AS APPROVED, AS REQUIRED BY PARTS I.A.2 AND I.C.1 OF THE PERMIT; THERE WAS NO RAIN GAUGE ON-SITE, AS REQUIRED BY PART I.B.1 OF THE PERMIT; SEDIMENT DISCHARGES WERE OBSERVED IN THE UNNAMED TRIBUTARY OF AFTON RUN CREEK, AND NO CORRECTIVE ACTION WAS TAKEN, AS REQUIRED BY PARTS I.B.2 AND II.B.2 OF THE PERMIT; INSPECTION RECORDS WERE NOT AVAILABLE AT THE TIME OF INSPECTION AS REQUIRED BY PART I.B.3 OF THE PERMIT; STORM WATER CONTROLS WERE NOT BEING MAINTAINED AND OPERATED AT OPTIMAL EFFICIENCY, AS RQUIRED BY PARTS I.C.2 AND II.C.1 OF THE PERMIT. IN VIOLATION OF CWA SECTIONS 301 AND 402.

Defendants (2)

• WHISPERING WINDS SUBDIVISION PHASE 2Named in complaintNamed in settlement
• OVERCASH GRAVEL & GRADING CO., INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• WHISPERING WINDS SUBDIVISION PHASE 2

  TRINITY CHURCH ROAD, KANNAPOLIS, NC, 28051

  Registry ID: 110030472888

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• OVERCASH GRAVEL & GRADING CO., INC. - WHSPERING WINDS SUBDV. PHASE 2entered 2007-05-21

  Primary law: CWA

Timeline (3 milestones)

• 2007-05-21Final Order Issued
• 2007-05-24Enforcement Action Data Entered
• 2008-01-01Enforcement Action Closed