EPA v. BALL CAMP RESIDENTIAL PARTNERS - HIGHERS ESTATE

Case summary

7/23/2008 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $20,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: AS A RESULT OF THE COMPLIANCE STORM WATER EVALUATION INSPECTION ( CSWEI ) PERFORMED ON NOVEMBER 15, 2006, RESPONDENT FAILED TO COMPLY WITH: A) SECTION 3.3.1 OF THE PERMIT BY NOT RETAINING A COPY OF THE STORM WATER POLLUTION PREVENTION PLAN ( SWPPP ) ON SITE, OR IF NOT ON-SITE, POST THE LOCATION OF THE SWPPP, ALONG WITH A CONTACT PHONE NUMBER ON-SITE; B) SECTION 3.3.2 OF THE PERMIT BY NOT POSTING THE FOLLOWING NEAR THE MAIN ENTRANCE OF THE FACILITY ACCESSIBLE TO THE PUBLIC: (1) THE NOC; (2) NAME, COMPANY NAME, E-MAIL ADDRESS (IF AVAILABLE), TELEPHONE NUMBER AND ADDRESS OF THE FACILITY OWNER OR LOCAL CONTACT PERSON; (3) A BRIEF DESCRIPTIOIN OF THE PROJECT; AND (4) THE LOCATION OF THE SWPPP IF IT WAS NOT LOCATED ON-SITE; (C) SECTION 3.5.3.1(a), (b), AND (e)OF THE PERMIT BY NOT PROPERLY INSTALLING AND MAINTAING ALL ENGINEERED EROSION PREVENTION AND SEDIMENT CONTROLS, INCLUDING SILT FENCES AND A SEDIMENTATION POND; (D) SECTION 3.5.3.1(n) OF THE PRMIT BY NOT INSTALLING AND MAINTAINING A RAIN GAUGE; (E) SECTION 3.5.3.2 OF THE PERMIT BY FAILING TO IMPLEMENT TEMPORARY OR PERMANENT STABILIZATION OAT THE FACILITY NOT LATER THAN FIFREEN (15) DAYS AFTER THE CONSTRUCTION ACTIVITY IN THAT PORTION OF THE FACILITY HAS TEMPORARILY OR PERMANENTLY CEASED; (F) SECTION 3.5.3.3 OF THE PERMIT BY NOT HAVING A CLEAN-OUT MARKER AND NOT MAINTAINING THE SEDIMENT BASIN SO THAT IT RETAINED ALL SEDIMENT DURING LOW FLOWS; (G) SECTION 3.5.7 OF THE PERMIT BY NOT MAINTAINING THE EROSION AND SEDIMENT CONTROLS AND OTHER PROTECTIVE MEASURES IDENTIFIED IN THE SWPPP AND SITE PLAN; (H) SECTION 6.4 OF THE PERMIT BY NOT TAKING ALL REASONABLE STEPS TO MINIMIZE OR PREVENT ANY DISCHARGES THAT HAVE A REASONABLE LIKELIHOOD OF ADVERSELY AFFECTION THE ENVIRONMENT; AND (I) 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 SWPPP. RESPONDENT VIOLATED CWA SECTIONS 301 AND 402.

Defendants (2)

• BALL CAMP RESIDENTIAL PARTNERS (SB)Named in complaintNamed in settlement
• HIGHERS ESTATE (SB)Named in complaintNamed in settlement

Facilities (1)

• HIGHERS ESTATES

  BALL CAMP PARKWAY AND BAKERTOWN ROAD, KNOXVILLE, TN, 37921

  Registry ID: 110028214073

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• BALL CAMP RESIDENTIAL PARTNERS - HIGHERS ESTATEentered 2008-07-23

  Primary law: CWA

  Federal penalty: $20,000

Timeline (4 milestones)

• 2008-07-23Complaint Filed/Proposed Order
• 2008-07-23Final Order Issued
• 2008-08-19Enforcement Action Closed
• 2008-08-19Enforcement Action Data Entered