EPA v. OVERCASH GRAVEL & GRADING CO., INC. - YATES MILL SUBDIVISION

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 YATES MILL 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; LARGE ROCK BOULDERS AND TREE MULCH WAS PREVALENT THROUGHOUT THE SOUTHERN PORTION OF THE DEVELOPMENT AND WAS NOT STORED OR DISPOSED OF PROPERLY, AS REQUIRED BY PART I.A.6 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 ROCKY RIVER, 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)

• OVERCASH GRAVEL & GRADING CO., INC. (SB)Named in complaintNamed in settlement
• YATES MILL SUBDIVISIONNamed in complaintNamed in settlement

Facilities (1)

• YATES MILL SUBDIVISION

  PITTS SCHOOL ROAD, CONCORD, NC, 28027

  Registry ID: 110017752038

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• OVERCASH GRAVEL & GRADING CO., INC. - YATES MILL SUBDIVISIONentered 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