EPA v. LAKE GLAD COMMERCIAL, LLC (HIGHLAND TRAIL COMMERCIAL CENTER)

Case summary

7/14/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,000. ON SEPT 25, 2008, EPA AND NCDENR PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI) THE THE DEVELOPMENT. DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: A. RESPONDENT DID NOT OPERATE AND MAINTAIN CONTROLS AT OPTIMUM EFFICIENCY TO MINIMIZE OR PREVENT ANY DISHCARGE. SILT FENCING ON NW PERIMETER OF BASIN 1 WAS LEANING; SILT FENCING ON THE EASTERN SIDE OF THE UNNAMED TRIBUTARY (UT) OF LEDGE CREEK AT CULVERT #3 INLET WAS APPROX 3/4 FULL OF SEDIMENT; SILT FENCING ON THE EASTERN SIDE OF CULVER #3 INLET HAD BEEN BREACHED; FILT FENCING ON THE WESTERN SLOPE OF CULVERT #3 OUTLET WAS ABOUT TO BE OVERTOPPED WITH SEDIMENT; SILF FENCING ON THE EASTERN SIDE OF CULVERT #2 OUTLET WAS ABOUT TO BE OVERTOPPED WITH SEDIMENT; FILT FENCING ON THE WESTERN SIDE OF CULTERN #1 OUTLET HAD BEEN BREACHED; SILT FENCING WEST OF CULVERT #1 OUTLET AND EAST OF BMP B HAD BEEN BREACHED BY CONCRETE PIPE; SILT FENCING ALONG THE WESTERN SIDE OF BMP A WAS APPROX 3/4 FULL OF SEDIMENT; SEDIMENT HAD ACCUMULATED OUTSIDE THE LIMITS OF DISTURBANCE ON THE WESTERN SIDE OF BMP A AND AT THE BMP B OUTLET; SILT FENCING AT THE SW CORNER OF BASIN 3 HAD BEEN BREACHED; BASIN 1 AND BASIN 3 WALLS, BOTH INSIDE AND OUTSIDE THE BASINS NEEDED STABILIZATION; BASIN 1 WAS APPROX 3/4 FULL OF SEDIMENT; BMP A AND BMP B SLOPES NEEDED STABILIZATION; BMP B OUTLET PROTECTOIN NEEDED MAINTENANCE; THE CHECK DAM IN THE EASTERN EWATER QUALITY SWALE JUST PRIOR TO BASIN 1 WAS IN NEED OF MAINTENANCE; DIVERSION DITCHES AND WATER QUALITY SWALES WERE IN NEED OF STABILIZATION; CULVER #6 INLEET AREA WAS APPROX 1/2 FULL OF SEDIMENT; SEDIMENT HAD ACCUMULATED IN AND AROUND THE 3 CULVERT INLETS AND OUTLETS; CULVERT #2 OUTLET PROTECTION WAS APPROX 3/4 FULL OF SEDIMENT; AND ALL OF THE SLOPES, DIVERSION DITCHES, WATER QUALITY SWALES, AND BASIN/BMP A AND BMP B WALLS NEEDED TO BE STABILIZED. B. THE PLAN WAS NOT IMPLEMENTED AS APPROVED. THE RIP RAP WAS NOT INSTALLED AT THE BASIN 1 AND BASIN 3 WEIRS; CHECK DAMS WERE NOT PROPERLY INSTALLED AT THE WESTERN CORNER OF BASIN 1 AND IN THE DIVERSION DITCH JUST PRIOR TO BASIN 3 ENTRANCE; ROCK WAS NOT CORRECTLY SIZED FOR THE FIRST CHECK DAM; THE SIDES OF BOTH CHECK DAMS WERE NOT HIGHER THAN THE CENTER AS REQUIRED; CULVERT #6 INLET PROTECTION WAS NOT INSTALLED; CULVERT #1 AND CULVERT #3 OUTLET PROTECTION AND ROCK DISSIPATER PADS WERE NOT INSTALLED; THERE WAS NO OUTLET PROTECTION AT THE BASIN 1, BASIN 3, AND BMP A OUTLETS; CULVERT #7 INLET PROECTION WAS NOT INSTALLED; THE LEVEL SPREADERS FOR BMP A AND BMP B WERE NOT INSTALLED. C. INSPECTION REPORTS DID NOT INCLUDE INFO OF ALL EROSION AND SEDIMENT CONTROL FACILITIES. INSPECTION REPORTS ONLY INCLUDED INFO FOR THE BASINS AND BMP A AND B. SEVERAL INSPECTIONS REPORTS REFERRED TO AN INSPECTION OF BASIN 2; HOWEVER, NO SUCH BASIN EXISTED ON THE PLAN. D. INSPECTION REPORTS DID NOT INCLUDE AN EXPLANATION OF ANY CORRECTIVE ACTIONS TAKEN TO ADDRESS SEDIMENT DISCHARGES, MEASURES TAKEN TO CONTROL FUTURE RELEASES, AND MEASURES TAKEN TO CLEAN UP SEDIMENT BEYOND THE DISTURBED LIMITS OF THE SITE. INSPECTION REPORTS DID NOT NOTE ANY SEDIMENT OUTSIDE THE LIMITS OF DISTURBANCE; HOWEVER, SEDIMENT WAS OBSERVED OUTSIDE THE LIMITS OF DISTURBANCE AT BASIN 1 OUTLET, AROUND CULVERTS #1, #2, AND #3 INLETS AND OUTLETS, WEST OF BMP A, AT BASIN 3 OUTLET AND EAST OF BASIN 3, ON THE EASTERN SIDE OF BMP B. SEDIMENT WAS ALSO OBSERVED ENTERING THE UT OF LEDGE CREEK AT CULVERT #1, #2, AND #3 OUTLETS.

Defendants (2)

• LAKE GLAD COMMERCIAL, LLCNamed in complaintNamed in settlement
• HIGHLAND TRAILS COMMERCIAL CENTERNamed in complaintNamed in settlement

Facilities (1)

• HIGHLAND TRAILS COMMERCIAL CENTER (GRANV-2007-014)

  NC HWY 56, CREEDMOOR, NC, 27522

  Registry ID: 110037244791

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• LAKE GLAD COMMERCIAL, LLC (HIGHLAND TRAIL COMMERCIAL CENTER)entered 2009-07-14

  Primary law: CWA

  Federal penalty: $5,000

Timeline (4 milestones)

• 2009-07-14Final Order Issued
• 2009-07-14Complaint Filed/Proposed Order
• 2009-07-16Enforcement Action Data Entered
• 2009-08-24Enforcement Action Closed