EPA v. NEOPOLIS DEVELOPMENT GROUP (EASTLAKE AT FLOWOOD TOWN CENTER)

Case summary

7/25/08 - COMPLIANCE ORDER ISSUED. ON 11/13/07, EPA AND MDEQ AND THE CITY OF RIDGELAND PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI) AT THE SITE. AS A RESULT, EPA DETERMINATED THAT STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY WAS DISCHARGED FROM THE DEVELOPMENT WITHIN THE MEANING OF SEC 204(p) OF THE CWA AND ITS IMPLEMENTING REGULATIONS. DURING THE CSWEI, EPA OBSERVED THE FOLLOWING: A. SOME BMPs SPECIFIED IN THE SWPPP WERE NOT INSTALLED, AND OTHER BMPs SPECIFIED IN THE SWPPP HAD BEEN INSTALLED WERE WERE LATER REMOVED: 1) SWPPP SPECIFIED THAT SILT FENCE WILL BE INSTALLED ON ALL SLOPES AND BETWEEN THE DEVELOPMENT AND HOGG CREEK. NO SILT FENCING WAS IN PLACE AT THE SOIL STOCKPILE AREA, THE SLOPE AREA, OR BETWEEN THE DEVELOPMENT ALONG HOGG CREEK. SECTION ACT 6, CONDITIONS T-1 AND T09 OF THE PERMIT REQUIRES THE OWNER OR OPERATOR, IN DISTURBING AN ARE TO IMPLEMENT CONTROLS AS SPECIFIED IN THE SWPPP TO PREVENT EROSION AND ADVERSE IMPACTS TO STATE WATERS. 2) 4 SEDIMENT BASINS WERE TAKEN OUT AND LATER FILLED UP TO GRADE DURING FINAL GRADING. NO EQUIVALENT, BACCKUP OR TEMPORARY CONTROLS WERE IN PLACE TO MEET THE MINIMUM PERMIT DESIGN REQUIREMENT OF 3,600 CUBIC FEET OF SEDIMENT BASIN STORAGE PER ACRE DRAINED. SEC ACT6, CONDITION T-4(3) OF THE PERMIT REQUIRES THAT APPROPRIATE BMPs INCLUDING SEDIMENT BASIN PROVIDING AT LEAST 3,600 CUBIC FEET OF STORAGE PER ACRE DRAINED SHALL BE PROVIDED UNTIL FINAL STABILIZATION OF THE SITE. ALSO, NEOPOLIS DEVELOPMENT GROUP FAILED TO INSTALL NEEDED EROSION CONTROLS EVEN IF THEY MAY BE LOCATED IN THE WAY OF SUBSEQUENT ACTIVITIES, SUCH AS INSTALLATION, GRADING OR CONSTRUCTION PER SECTION ACT7, CONDITION S-1(5) OF THE PERMIT. THAT SECTION FURTHER STATED THAT IT SHALL NOT BE AN ACCEPTABLE DEFENSE THAT CONTROLS WERE NOT INSTALLED BECAUSE SUBSEQUENT ACTIVITIES WOULD REQUIRE THEIR REPLACEMENT OR CAUSE THEIR DESTRUCTION. FINALLY SECTION ACT 11, CONDITION T-12 OF THE PERMIT REQUIRES THE OPERATION OF BACKUP OR AUXILIARY FACILITIES WHEN NECESSARY TO ACHIEVE COMPLIANCE WITH PERMIT CONDITIONS. B. HIGHLY TURBID WATER WAS OBSERVED IN HOGG CREEK AT THE CHECK DAM AREA. NEOPOLIS DEVELOPMENT GROUP FAILED TO PROVIDE FOR ADEQUATE BMPs TO MINIMIZE, PREVENT, AND MITIGATE THE ADVERSE IMPACTS OF STORMWATER RUNOOF AS REQUIRED BY SEC ACT 6, CONDITIONS T-2(4) AND T-2, SEC ACT 8, CONDITION L-1, AND SECTION ACT 11, CONDITION T-2 OF THE PERMIT. C. THE SWPPP STATED THAT FLOW IN HOGG CREEK WILL REMAIN UNINTERRUPTED UNTIL COMPLETION OF THE WEIR CONSTRUCTION AND ESTABLISHMENT OF LAKE SYSTEM. HOWEVER, 2 CHECK DAMS AND RIP RAP WERE INSTALLED IN HOGG CREEK AS PART OF THE EROSION AND SEDIMENT CONTROL SYSTEM. ANY ACTIVITIES INVOLVING DISCHARGE OF DREDGED OR FILL MATERIAL TO HOGG CREEK REQUIRE A CORPS OF ENGINEERS' SEC 404 PERMIT. NO SUCH PERMIT WAS MADE AVAILABLE FOR REVIEW DURING INSPECTION. PLACING BMPs IN A LIVE STREAM IS INCONSISTENT WITH STANDARDS SET FORTH IN MISSISSIPPI'S PLANNING AND DESIGN MANUAL FOR THE CONTROL OF EROSION, SEDIMENT & STORMWATER AND WITH SWPPP, AND WERE IN VIOLATION OF SEC ACT6, CONDITIONS T-1 AND T-3. D. SWPPP NEEDS TO BE EVALUATED TO DETERMINE IF THERE IS A NEED FOR A BUFFER ZONE ALONG BOTH SIDES OF HOGG CREEK IN ACCORDANCE WITH THE STANDARDS SET FORTH IN MISSISSIPPI'S PLANNING AND DESIGN MANUAL FOR CONTROL OF EROSION, SEDIMENT & STORMWATER MANUAL OF DESIGN, IN ACCORDANCE WITH ACT 6, CONDITION T-3 OF THE PERMIT. THEREFORE, NEOPOLIS DEV GRUOP HAS VIOLATED CWA SEC 301 AND 402(p) BY FAILING TO COMPLY WITH MDEQ PERMIT; AND ALSO FOR DISCHARGES NOT AUTHORIZED BY THE MDEQ PERMIT.

Defendants (1)

• NEOPOLIS DEVELOPMENT GROUP (SB)Named in settlement

Facilities (1)

• ESTATES @ FLOWOOD TOWN CENTER

  NEC HOGG CREEK AND EAST METRO CORRIDOR, FLOWOOD, MS, 39232

  Registry ID: 110037261370

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• NEOPOLIS DEVELOPMENT GROUP (EASTLAKE AT FLOWOOD TOWN CENTER)entered 2008-07-24

  Primary law: CWA

Timeline (3 milestones)

• 2008-07-24Final Order Issued
• 2008-08-01Enforcement Action Data Entered
• 2009-01-01Enforcement Action Closed