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04-2007-4775Administrative - FormalClosedFY 2007· Region 04

EPA v. CLAY, AL, CITY OF

Unilateral Administrative Order Without Adjudication

Case summary

9/17/2007 - AO ISSUED. ORDER ALLEGES: DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: RESPONDENT FAILED UTILIZE BMPS, AS REQUIRED BY RULE 335-6-12-.21 OF THE PERMIT REGULATIONS. RESPONDENT FAILED TO TAKE ALL REASONABLE STEPS TO PREVENT AND/OR MIMIZE, TO THE MAXIMUM EXTENT PRACTICABLE, ANY DISCHARGE WHICH HAS A REASONABLE LIKELIHOOD OF ADVERSELY AFFECTING THE QUALITY OF GROUNDWATER OR SURFACE WATER RECEIVING THE DISCHARGING(S), AS REQUIRED BY RULE 335-6-12-.06(4) OF THE PERMIT REGULATIONS. 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 WITH RULE 335-6-12-.21(4) OF THE PERMIT REGULATIONS. RESPONDENT FAILED TO FULLY IMPLEMENT BMPS, AS REQUIRED BY RULE 335-6-12-.21(5)(a) OF THE PERMIT REGULATIONS. RESPONDENT FAILED TO REMEDIATE ANY OFF-SITE DEPOSITION OR DISCHARGE OF SEDIMENT AND OTHER POLLUTANTS AND IMPLEMENT MEASURES TO REMEDIATE ANY IMPACTS TO THE MAXIMUM EXTENT PRACTICABLE, AS REQUIRED BY RULE 335-6-12-.21(6) OF THE PERMIT REGULATIONS.

Defendants (2)

  • CLAY, AL, CITY OFNamed in settlement
  • CLAY RECREATION FACILITY

Facilities (1)

  • CLAY RECREATION FACILITY

    OLD SPRINGVILLE ROAD NORTH, CLAY, AL, 35048

    Registry ID: 110043497793

Statutes cited

  • CWA 301/402NPDES Permit Violations

Enforcement conclusions (1)

  • CLAY, AL, CITY OFentered 2007-09-17

    Primary law: CWA

Timeline (3 milestones)

  • 2007-09-17Enforcement Action Data Entered
  • 2007-09-17Final Order Issued
  • 2008-01-01Enforcement Action Closed

Case metadata

EPA activity ID
600062131
Case number
04-2007-4775
Lead agency
EPA
EPA region
04
Voluntary self-disclosure
No
Primary statute
NPDES Permit Violations

Sourced verbatim from EPA ECHO Enforcement Case Report for case 04-2007-4775 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.