EPA v. THE DREES COMPANY - HARMONY S/D PHASE B - PART 2

Case summary

7/1/2008 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: RESPONDENT FAILED TO TAKE ALL REASONABLE STEPS TO MINIMIZE OR PREVENT ANY DISCHARGE IN VIOLATION OF THE PERMIT WHICH HAS REASONABLE LIKELIHOOD OF ADVERSELY AFFECTING HUMAN HEALTH OR THE ENVIRONMENT, AS REQUIRED BY PART II OF THE PERMIT AND 401 KAR 5:065 SECTION 1(4). RESPONDENT FAILED TO PROPERLY OPERATE AND MAINTAIN AT ALL TIMES FACILITIES AND SYSTEMS OF TREATMENT AND CONTROL AND RELATED APPURTENANCES WHICH ARE INSTALLED OR USED TO ACHIEVE COMPLIANCE WITH THE CONDITIONS OF THE PERMIT, AS REQUIRED BY PART II OF THE PERMIT AND 401 KAR 5:065 SECTION 1(5). RESPONDENT FAILED TO NOTE CHANGES THAT WERE MADE TO THE BMP PLAN WITHIN SEVEN (7) DAYS IN THOSE CASES WHERE THE ORIGINAL BMP PLAN PROVES TO BE INEFFECTIVE IN CONTROLLING THE DISCHARGE OF POLLUTANTS, OR WHEN THERE IS A CHANGE IN THE DESIGN, CONSTRUCTION, OPERATION OR MAINTENANCE OF THE SITE WHICH HAS A SIGNIFICANT EFFECT ON THE THE POTENTIAL FOR THE DISCHARGE OF POLLUTANTS TO SURFACE WATERS, AS REQUIRED BY PART IV OF THE PERMIT. RESPONDENT FAILED TO DOCUMENT THE TIMING OF SITE STABILIZATION. RESPONDENT FAILED TO THOROUGHLY DOCUMENT INSPECTIONS OF ALL STORM WATER CONTROL MEASURES, DISCHARGE LOCATIONS, AND DISTURBED AREAS OF THE DEVELOPMENT, AS REQUIRED BY PART IV.F OF THE PERMIT. RESPONDENT FAILED TO COMPLY WITH THE PERMIT, AND ALSO FOR DISCHARGES NOT AUTHORIZED BY THE PERMIT.

Defendants (2)

• THE DREES COMPANYNamed in settlement
• HARMONY S/D PHASE B - PART 2

Facilities (1)

• HARMONY SUBDIVISION

  US 42 & SWEET HARMONY LN, UNION, KY, 41091

  Registry ID: 110032800814

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• THE DREES COMPANY - HARMONY S/D PHASE B - PART 2entered 2008-07-01

  Primary law: CWA

Timeline (3 milestones)

• 2008-07-01Final Order Issued
• 2008-07-01Enforcement Action Data Entered
• 2008-11-19Enforcement Action Closed