EPA v. WALTON LAND DEVELOPMENT, LLC (WALTON TOWNE CENTER)

Case summary

4/11/2008 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. 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 A REASONABLE LIKELIHOOD OF ADVERSELY AFFECTING HUMAN HEALTH OR THE ENVIRONMENT, AS REQUIRED BY PART II OF THE PERMIT; RESPONDENT FAILED TO PROPERLY OPERATE AND MAINTAIN AT ALL TIMES ALL FACILITIES AND SYSTEMS OF TREATMENT AND CONTROL AND RELATED APPURTENANCES WHCIH ARE INSTALLED OR USED TO ACHIEVE COMPLIANCE WITH THE CONDITIONS OF THE PERMIT; RESPONDENT FAILED TO IMPLEMENT ITS BMP PLAN BEFORE THE INITIATION OF CONSTRUCTION ACTIVIITES, AS REQUIRED BY PART IV OF THE PERMIT; RESPONDENT FAILED PRESERVE EXISTING VEGETATION WHERE POSSIBLE AND TO STABILIZE ALL DISTURBED AREAS WITHIN FOURTEEN (14) DAYS ON AREAS OF THE SITE WHERE CONSTRUCTION ACTIVITIES HAVE PERMANENTLY OR TEMPORARILY (FOR 21 DAYS OR MORE) CEASE, AS REQUIRED BY PART IV.B.(1) OF THE PERMIT; RESPONDENT FAILED TO INSTALL SILT FENCES OR OTHER EQUIVALENT STRUCTURAL PRACTICES ON ALL SIDE AND DOWN SLOPE BORDERS OF THE DEVELOPMENT, AS REQUIRED BY PART IV.B.(2) OF THE PERMIT; RESPONDENT FAILED TO INSTALL MANAGEMENT DEVICES DURING CONSTRUCTION TO CONTROL THE POLLUTANTS IN STORM WATER DISCHARGES THAT WILL OCCUR AFTER CONSTRUCTION HAS BEEN COMPLETED, AS REQUIRED BY PART IV.B.(3) OF THE PERMIT. RESPONDENT FAILED TO MINIMIZE OFF-SITE VEHICLE SEDIMENT TRACKING AND DUST GENERATION, AS REQUIRED BY PART IV.C. OF THER PERMIT; RESPONDENT FAILED TO INCLUDE IN ITS BMP PLAN A CLEAR DESCRIPTION OF THE MAINTENANCE PROCEDURES NECESSARY TO KEEP CONTROL MEASURES IN GOOD AND EFFECTIVE OPERATING CONDITION, AS REQUIRED BY PART IV.E. OF THE PERMIT.

Defendants (1)

• WALTON LAND DEVELOPMENT, LLC.Named in settlement

Facilities (1)

• WALTON TOWNE CENTER

  KENTUCKY HIGHWAY 16 AND I-75, WALTON, KY, 41094

  Registry ID: 110028225837

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• WALTON LAND DEVELOPMENT, LLC (WALTON TOWNE CENTER)entered 2008-04-11

  Primary law: CWA

Timeline (3 milestones)

• 2008-04-11Final Order Issued
• 2008-04-14Enforcement Action Data Entered
• 2008-11-19Enforcement Action Closed