EPA v. CAPITAL CITY CLUB, BROOKHAVEN GOLF COURSE

Case summary

6/10/2008 - ADMINISTRATIVE ORDER ISSUED. ORDER ALLEGES: DURING THE COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI), EPA INSPECTORS OBSERVED THE FOLLOWING: RESPONDENT FAILED TO CONTAIN AN OIL SPILL BETWEEN A WASTE BIN AND FUEL TANK ON THE NORTHEASTERN PORTION OF THE SITE IN VIOLATION OF PART III.B.1 OF THE PERMIT. ALSO, THE PLAN DID NOT INCLUDE BMPS FOR THE REMEDIATION OF PETROLEUM AND OIL SPILLS IN VIOLATION OF PART IV.D.2.c(4) OF THE PERMIT NOR WERE SUCH ITEMS AN/OR ISSUED REPORTED IN THE INSPECTION REPORTS AS REQUIRED BY PART I.V.D.3.a.(1) OF THE PERMIT. RESPONDENT FAILED TO PROPERLY MAINTAIN A STORM DRAIN INLET ON THE EASTERN PORTION OF THE SITE, KNOWN AS INFALL #1, SEDIMENT BASIN C , SEDIMENT BASIN J , A CHECK DAM/ROCK FILTER DAM ATTHE CONFLUENCE OF STREAM E AND THE OUTFALL OF BROOKHAVEN LAKE, AND ROCK OUTLET PROTECTION AT THE OUTFALL OF BROOKHAVEN LAKE IN VIOLATION OF PART III.C.2 AND PART V.I. OF THE PERMIT. RESPONDENT DISCHARGED SEDIMENT LADEN STORM WATER RUNOFF FROM THE OUTALL OF BROOKHAVEN LAKE, AS WAS DOCUMENTED BY THE TURBIDITY READING TAKEN ON FEBRUARY 21, 2008, OF 1,000 NTUS, IN VIOLATION OF PART III.C.3 OF THE PERMIT. RESPONDENT FAILED TO ENSURE THE IMPLEMENTATION OF THE PLAN IN ORDER TO PREVENT AND MINIMIZE EROSION/SEDIMENTATION INTO THE UNNAMED TRIBUTARY OF NANCY CREEK OR NANCY CREEK IN VIOLATION OF PART IV AND PART IV.D OF THE PERMIT. RESPONDENT FAILED TO IDENTIFY ON THE SITE MAP THE ROCK CHECK DAMS IN THE UNNAMED TRIBUTARY OF NANCY CREEK ON THE WESTERN PORTION OF THE SITE IN VIOLATION OF PART IV.C AND PART IV.D.1 OF THE PERMIT. RESPONDENT CLEARED AND GRADED THE ENTIRE AREA TO BE DISTURBED, APPROXIMATELY 100 ACRES, WITH SPARSE STABILIZATION. THE PLAN FOR THE SITE CALLED FOR PHASED APPROACH TO CONSTRUCTION ACTIVITIES. HOWEVER, SEVERAL PHASES (1, 2A, AND 2B) WERE BEING IMPLEMENTED SIMULTANEOUSLY AT THE SAME TIME OF INSPECTION IN VIOLATION OF PART IV.D.2 OF THE PERMIT. RESPONDENT FAILED TO STABILIZE DISTURBED/DENUDED AREAS OF THE SITE TO MINIMIZE EROSION AND SEDIMENTATION LEAVING THE SITE IN VIOLATION OF PART IV.D.2a.(1) OF THE PERMIT. RESPONDENT FAILED TO INSTALL AN APPROPRIATE VELOCITY DISSIPATION DEVICE AS SEDIMENT AND SEDIMENT LADEN WATER WERE OBSERVED NEAR THE OUTFALL AND DOWNSTREAM IN THE UNNAMED TRIBUTARY OF NANCY CREEK OR NANCY CREEK IN VIOLATION OF PART IV.D.2.b.(2) OF THE PERMIT. RESPONDENT FAILED TO CONDUCT INSPECTIONS WITHIN TWENTY-FOUR (24) HOURS OF THE END OF A STORM OF 0.5 INCHES OR GREATER ON DECEMBER 29, 2007, DECEMBER 31, 2007 AND FEBRUARY 23, 2008, AS REQUIRED BY PART IV.D.3.a.(2). RESPONDENT FAILED TO ADEQUATELY REPORT THE IMPLEMENTATION OF THE PLAN, INCIDENCES OF NON-COMPLIANCE, AND/OR ANY CORRECTIVE ACTIONS TAKEN TO REMEDIATE PROBLEMS WITHIN SEVEN (7) CALENDAR DAYS FOLLOWING EACH INSPECTION AS REQUIRED BY PART IV.D.3a.(4) AND PART IV.D.3.a(5) OF THE PERMIT. RESPONDENT FAILED TO DOCUMENT CORRECTIVE ACTIONS AS A RESULT OF THE ELEVATED TURBIDITY READING OF 1,000 NTUS AT THE OUTFALL OF BROOKHAVEN LAKE ON FEBRUARY 21, 2008, AS REQUIRED BY PART IV.D.5d(3).(c) OF THE PERMIT. THEREFORE, RESPONDENT VIOLATED SECTIONS 301 AND 402(c) OF THE CWA, BY FAILING TO COMPLY WITH THE GAEPD PERMIT.

Defendants (1)

• CAPITAL CITY CLUBNamed in settlement

Facilities (2)

• CAPITAL CITY COUNTRY CLUB

  53 WEST BROOKHAVEN DRIVE, ATLANTA, GA, 30319

  Registry ID: 110035854144

• CAPITAL CITY COUNTRY CLUB

  53 WEST BROOKHAVEN DRIVE, ATLANTA, GA, 30319

  Registry ID: 110035854144

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• CAPITAL CITY CLUB, BROOKHAVEN GOLF COURSEentered 2008-06-10

  Primary law: CWA

Timeline (4 milestones)

• 2008-06-10Final Order Issued
• 2008-06-13Enforcement Action Data Entered
• 2009-01-01Enforcement Action Closed
• 2009-01-01NPDES Closed