EPA v. PINNACLE EXCAVATION, INC. (ARROW WOOD FARMS S/D)

Case summary

7/9/2007 - ADMINISTRATIVE ORDER ISSUED. ORDER ALLEGES: RESPONDENT FAILED TO UTILIZED BMPS, AS REQUIRED BY PART 335-6-12-.06-.21(1) OF THE PERMIT. RESPONDENT FAILED TO TAKE ALL REASONABLE STEPS TO PREVENT AND/OR MINIMIZE, TO THE MAXIMUM EXTENT PRACTICABLE, ANY DISCHARGE WHICH HAS A REASONABLE LIKELIHOOD OF ADVERSELY AFFECTING THE QUALITY OF GROUNDWATER OR SURFACE WATER RECEIVING THE DISCHARGE(S), AS REQUIRED BY PART 335-.6-12.06(4) OF THE PERMIT. RESPONDENT FAILED TO DESIGN, IMPLEMENT, AND REGULARLY MAINTAIN BMPS TO PROVIDE EFFECTIVE TREATMENT OF DISCHARGES OF POLLUTANTS IN STORM WATER RESULTING FROM RUNOFF GENERATED BY PROBABLE STORM EVENTS EXPECTED/PREDICTED DURING CONSTRUCTION DISTURBANCE, AND DURING EXTENDED PERIODS OF ADVERSE WEATHER AND SEASONABLE CONDITIONS, IN ACCORDANCE WITH PART 335-6-12-.21(4) OF THE PERMIT. RESPONDENT FAILED TO FULLY IMPLEMENT BMPS, AS REQUIRED BY PART 335-6-12-.21(5)(a) OF THE PERMIT.

Defendants (2)

• PINNACLE EXCAVATION, INC.Named in settlement
• ARROW WOOD FARMS SUBDIVISION

Facilities (1)

• ARROW WOOD FARM SUBDIVISION

  OLD TUSCALOOSA HIGHWAY, MCCALLA, AL, 35111

  Registry ID: 110030480432

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• PINNACLE EXCAVATION, INC. (ARROW WOOD FARMS S/D)entered 2007-07-09

  Primary law: CWA

Timeline (3 milestones)

• 2007-07-09Final Order Issued
• 2007-07-11Enforcement Action Data Entered
• 2008-01-01Enforcement Action Closed