EPA v. HIGHPOINT DEVELOPMENT, INC., (FULTON SPRINGS S/D)

Case summary

7/9/2007 - ADMINISTRATIVE ORDER ISSUED. ORDER ALLEGES: 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 ENSURE THT BMPS ARES DESIGNED, IMPLEMENTED, AND REGULARLY MAINTAINTED 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 DRUING EXTENDED PERIODS OF ADVERSE WEATHR AND SEASONABLE CONDITIONS, IN ACCORDANCE WITH PART 335-7-12-.21(4) OF THE PERMIT. RESPONDENT FAILED TO FULLY IMPLEMENT BMPS, AS REQUIRED BY PART 335-6-12-.21(5)(a) OF THE PERMIT. RESPONDENT FAILED TO REMEDIATE ANY OFF-SITE DEPOSITIONS OR DISCHARGE OF SEDIMENT AND OTHER POLLUTANTS AND IMPLEMENT MEASURES TO REMEDIATE ANY IMPACTS TO THE MAXIMUM EXTENT PRACTICABLE AS REQUIRED BY PART 335-6-12-.21(6) OF THE PERMIT.

Defendants (2)

• FULTON SPRINGS SUBDIVISION
• HIGHPOINT DEVELOPMENT, INC.Named in settlement

Facilities (1)

• FULTON SPRINGS SUBDIVISION

  STOUTS ROAD, BIRMINGHAM, AL, 35223

  Registry ID: 110064221113

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• HIGHPOINT DEVELOPMENT, INC., (FULTON SPRINGS S/D)entered 2007-07-09

  Primary law: CWA

Timeline (3 milestones)

• 2007-07-09Final Order Issued
• 2007-07-11Enforcement Action Data Entered
• 2009-03-24Enforcement Action Closed