EPA v. VOLUNTEER DEVELOPMENT - BAKERTOWN VILLAGE

Case summary

7/3/2008 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: ON NOVEMBER 15, 2006, REPRESENTATIVES OF EPA IN CONJUNCTION WITH TDEC PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION ( CSWEI ) AT RESPONDENT'S FACILITY. EPA'S CSWEI WAS TO EVALUATE THE TREATMENT AND DISPOSAL OF STORM WATER AT THE FACILITY IN ACCORDANCE WITH THE CWA, THE REGULATIONS PROMULGATED THEREUNDER AT 40 CFR SECTION 126.26, AND THE TENNESSEE PERMIT. AS A RESULT OF THE CSWEI, EPA ALLEGES THAT RESPONDENT FAILED TO COMPLY WITH: (A) SECTION 3.5.3.1(a) AND (B) OF THE PERMIT BY FAILING TO PROPERLY INSTALL AND MAINTAIN ALL ENGINEERED CONTROLS, INDLUDING SILT FENCES AND A SEDIMENTATION POND; (B) SECTION 3.5.3.2 OF THE PERMIT BY FAILING TO IMPLEMENT TEMPORARY OR PERMANENT STABILIZATION AT THE CONSTRUCTION SITE (OR PHASE OF THE PROJECT) NOT LATER THAN FIFTEEN (15) DAYS AFTER THE CONSTRUCTION ACTIVITY IN THAT PORTION OFTHE SITE HAS TEMPORARILY OR PERMANENTLY CEASED; (C) SECTION 3.5.3.3 OF THE PERMIT BY FAILING TO HAVE A CLEAN-OUT MARKER; (D) SECTION 3.5.8.2 OF THE PERMIT BY FAILING TO PROPERLY DOCUMENT INSPECTIONS AND MAINTAIN THE INSPECTION RECORDS ON-SITE; (E) SECTION 6.4 OF THE PERMIT BY FAILING TO TAKE ALL REASONABLE STEPS TO MINIMIZE OR PREVENT ANY DISCHARGES THAT HAVE A REASONABLE LIKELIHOOD OR POTENTIAL OF ADVERSELY AFFECTING THE ENVIRONMENT; AND (F) SECTION 6.14 OF THE PERMIT BY FAILING TO AT ALL TIMES PROPERLY OPERATE AND MAINTAIN ALL FACILITIES AND SYSTEMS OF TREATMENT AND CONTROL (AND RELATED EQUIPMENT), INCLUDING SILT FENCES, STABILIZATION, AND SEDIMENTATION POND, WHICH WERE INSTALLED AND/OR USED TO ACHIEVE COMPLIANCE WITH THE CONDITION OF THE PERMIT AND WITH THE REQUIREMENTS OF THE STORM WATER POLLUTION PREVENTION PLANS. IN VIOLATION OF EPA SECTION 301 AND 402 OF THE CWA.

Defendants (2)

• VOLUNTEER DEVELOPMENT (SB)Named in complaintNamed in settlement
• BAKERTOWN VILLAGE (SB)Named in complaintNamed in settlement

Facilities (1)

• BAKERTOWN STATION

  BALL CAMP PARKWAY @ BAKERTOWN ROAD, KNOXVILLE, TN, 00000

  Registry ID: 110037113664

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• VOLUNTEER DEVELOPMENT - BAKERTOWN VILLAGEentered 2008-07-03

  Primary law: CWA

  Federal penalty: $5,500

Timeline (4 milestones)

• 2008-07-03Complaint Filed/Proposed Order
• 2008-07-03Final Order Issued
• 2008-07-17Enforcement Action Data Entered
• 2012-01-05Enforcement Action Closed