EPA v. PEARL, MS, CITY OF/BASS PRO DRIVE CONSTRUCTION SITE

Case summary

8/27/08 - ADMINISTRATIVE ORDER ISSUED. ON NOV 14, 2007, EPA AND MDEQ PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT BASS PRO DRIVE TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER. DURING THE CSWEI, EPA OBSERVED THE FOLLOWING: A. THE CITY FAILED TO INSTALL NECESSARY BMPs REQUIRED IN THEIR SWPPP; I.E., SILT FENCES, HAY BALES, DITCH CHECKS ETC. B. THE SILT FENCING ALONG THE BANK AREA OF CONWAY SLOUGH DID NOT EXIST, OR WAS IN NEED OF MAINTENANCE. THE CITY FAILED TO PROVIDE FOR ADEQUATE MAINTENANCE OF SILT FENCING. C. NO VELOCITY DISSIPATION DEVICES REQUIRED IN THE SWPPP ALONG CONWAY SLOUGH WERE IN PLACE TO PROVIDE FOR A NON-EROSIVE FLOW. THE CITY FAILED TO PROVIDE FOR VELOCITY DISSIPATION DEVICES. D. AN OPEN DIVERSION DITCH WAS EXCAVATED TO DIVERT WATER IN CONWAY SLOUGH AROUND THE AREA OF CONSTRUCTION OF A CONCRETE BOX CULVERT AND BACK INTO CONWAY SLOUGH. THE DITCH WAS ROUTED DIRECTLY T THE SLOUGH WITHOUT INSTALLATION OF BMPs SPECIFIED IN THE SWPPP. THE CITY FAILED TO PROVIDE INSTALLATION OF NEEDED BMPs BEFORE COMMENCEMENT OF CONSTRUCTION. E. UNCONTROLLED SEDIMENT HAD BEEN ALLOWED TO ENTER THE DIVERSION DITCH AND CONWAY SLOUGH. THE CITY FAILED TO ENSURE THAT STORMWATER DISCHARGES WERE FREE OF EXCESSIVE SEDIMENT AND FLOATING MATERIALS. F. THE DIVERSION DITCH AND THE AREA AROUND THE CONCRETE CULVERT HAVE SHOWN EVIDENCE OF POTENTIAL DISCHARGE OF STORMWATER DIRECTLY TO CONWAY SLOUGH. THESE DISCHARGE POINT SOURCES WERE NOT IDENTIFIED IN THE SWPPP AS PERMITTED OUTFALLS. G. EVIDENCE OF OFF-SITE ACCUMULATION OF SEDIMENT WAS OBSERVED IN THE DIVERSION DITCH AND CONWAY SLOUGH. THE CITY FAILED TO PROVIDE ADEQUATE BMPs TO MINIMIZE, PREVENT, AND MITIGATE THE ADVERSE IMPACTS FROM THE STORMWATER RUNOFF. H. APPROPRIATE SECTION 404 DOCUMENTATION FROM THE U.S. ARMY CORPS OF ENGINEERS WAS NOT AVAILABLE FOR REVIEW DURING THE INSPECTION. THE DEVELOPMENT REQUIRES AN ARMY CORPS OF ENGINEER PERMIT FOR CONSTRUCTION ACTIVITY IN CONWAY SLOUGH. I. WEEKLY INSPECTION RECORDS OF BMPS ON SITE WERE NOT AVAILABLE FOR REVIEW DURING THE INSPECCTION. J. WITHOUT REVIEWING THE INSPECTION RECORDS, EPA WAS UNABLE TO DETERMINE THE STATUS OF THE STABLIZATION REQUIREMENT ON THE DISTURBED AREAS OF THE DEVELOPMENT WHICH APPEAR TO BE CLOSE TO FINAL GRADE.

Defendants (2)

• PEARL, MS, CITY OFNamed in settlement
• BASS PRO DRIVENamed in settlement

Facilities (1)

• CITY OF PEARL, MS/BASS PRO DRIVE

  U.S. HIGHWAY 80 AND U.S. HIGHWAY 49, PEARL, MS, 39288

  Registry ID: 110037239217

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• PEARL, MS, CITY OF/BASS PRO DRIVE CONSTRUCTION SITEentered 2008-08-27

  Primary law: CWA

Timeline (3 milestones)

• 2008-08-27Final Order Issued
• 2008-08-29Enforcement Action Data Entered
• 2009-01-01Enforcement Action Closed