EPA v. TIMBERLEAF II, LLC (TIMBERLEAF SUBDIVISION)

Case summary

3/21/08 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $9,000, DUE WITHIN 30 DAYS. VIOLATIONS: FAILURE TO REGULARLY EVALUATE THE SITE AND REVISE THE NOR WITH THE PROJECT SIZE INCREASED FROM 35 ACRES TO 60-70 ACRES AND FAILED TO NOTIFY ADEM OF THE CHANGE OF THE PROJECT SIZE; FAILURE TO PROPERLY, OPERATE, MAINTAIN, AND IMPLEMENT ALL BMPs AND TREATMENT CONTROLS BY NOT MAINTAINING THE SILT FENCES AND STREET INLET PROTECTION; AND FAILURE TO PREVENT OR MINIMIZE SEDIMENT DISCHARGES TO THE TRIBUTARY AND FAILURE TO REMEDIATE THE TRIBUTARY. ON OCT 1, 2007, RESPONDENT SUBMITTED PROOF OF PERMIT COVERAGE. RESPONDENT SUBMITTED AN NOR FOR THE FACILITY TO ADEM SEEKING COVERAGE UNDER THE PERMIT REGULATIONS ON SEPT 18, 2007. A NOTICE OF COVERAGE WAS SENT TO RESPONDENT WITH AN EFFECTIVE DATE OF SEPT 18, 2007 AND AN EXPIRATION DATE OF SEPT 12, 2008. BASED UPON THE NOR, EPA FURTHER ALLEGES THAT RESPONDENT OPERATED WITHOUT PERMIT COVERAGE FROM SEPT 13, 2006 TO SEPT 17, 2007.

Defendants (1)

• TIMBERLEAF II, LLCNamed in complaintNamed in settlement

Facilities (1)

• TIMBER LEAF SUBDIVISION

  LOU GEORGE LOOP ROAD, MCCALLA, AL, 35111

  Registry ID: 110030473716

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• TIMBERLEAF II, LLC (TIMBERLEAF SUBDIVISION)entered 2008-03-21

  Primary law: CWA

  Federal penalty: $9,000

Timeline (4 milestones)

• 2008-03-21Final Order Issued
• 2008-03-21Complaint Filed/Proposed Order
• 2008-03-26Enforcement Action Data Entered
• 2014-01-15Enforcement Action Closed