EPA v. GWINNETT CONVENTION & VISITORS BUREAU (GWINNETT BRAVES STADIUM)

Case summary

3/19/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $9,000 DUE WITHIN 30 DAYS. ALLEGATIONS: AT ALL TIMES RELEVANT TO THIS ACTION, GCVB OWNED AND/OR OPERATED A CONSTRUCTION SITE KNOWN AS THE GWINNETT BRAVES STADIUM LOCATED AT 2500 BUFORD DRIVE, LAWRENCEVILLE, GA. ON OCT 22, 2008, REPRESENTATIVES OF EPA AND GAEPD PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI) AT CSVB'S DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORM WATER IN ACCORDANCE WITH THE CWA, THE REGULATIONS PROMULGATED THEREUNDER AT 40 CFR 122.26 AND THE GAEPA PERMIT. AS A RESULT OF THE CSWEI, EPA, REGION 4 HAS DETERMINED THE STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY WAS DISCHARGED FROM THE DEVELOPMENT WITHIN THE MEANING OF CWA SECTION 402 AND ITS IMPLEMENTING REGULATIONS. DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: A. GCVB'S DISCHARGE OF SEDIMENT-LADEN STORMWATER RESULTED IN THE TURBIDITY OF THE RECEIVING WATER BEING INCREASED BY MORE THAN 25 NTUs IN VIOLATION OF PART III.D.3 OF THE PERMIT, AS DOCUMENTED BY STORM WATER MONITORING DATA ON JUNE 30, 2008 AND JULY 30, 2008. B. GCVB FAILED TO TAKE ALL REASONABLE STEPS TO MINIMIZE OR PREVENT ANY DISCHARGE WHICH HAS A REASONABLE LIKELIHOOD OF ADVERSELY AFFECTING HUMAN HEALTH OR THE ENVIRONMENT, IN VIOLATION OF PART V.D. OF THE PERMIT, AS DOCUMENTED BY OBSERVABLE DISCHARGES ON OCT 22, 2008. THEREFORE, GCVB HAS VIOLATED SECTIONS 301 AND 402(p) OF THE CWA FOR DISCHARGES NOT AUTHORIZED BY THE PERMIT.

Defendants (2)

• GWINNETT CONVENTION & VISITORS BUREAU (SB)Named in complaintNamed in settlement
• GWINNETT BRAVES STADIUM (SB)Named in complaintNamed in settlement

Facilities (1)

• GWINNETT BRAVES STADIUM

  2500 BUFORD DRIVE, LAWRENCEVILLE, GA, 30045

  Registry ID: 110037942082

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• GWINNETT CONVENTION & VISITORS BUREAU (GWINNETT BRAVES STADIUM)entered 2009-03-19

  Primary law: CWA

  Federal penalty: $9,000

Timeline (5 milestones)

• 2009-03-19Complaint Filed/Proposed Order
• 2009-03-19Final Order Issued
• 2009-03-25Enforcement Action Data Entered
• 2009-04-02NPDES Closed
• 2009-04-02Enforcement Action Closed