EPA v. WENDELL FALLS DEVELOPMENT, LLC (WENDALL FALLS SF-1)

Case summary

7/14/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,000. ON SEPT 25, 2008, EPA AND NCDENR AND WAKE COUNTY PERFORMED A COMPLIANCE STORM WATER EVALUATION (SDWEI) AT THE DEVELOPMENT. DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: A. THE PLAN WAS NOT IMPLEMENTED AS APPROVED. THE VELOSITY DISSIPATER (FES 201) DENOTED IN THE PLAN WAS NOT INSTALLED AT BMP 1.2. STORM DRAIN INLET PROTECTION WAS NOT INSTALLED PER THE PLAN. B. STORM WATER CONTROLS WERE NOT BEING OPERATED AND MAINTAINED AT OPTIMUM EFFICIENCY. REINFORCED SILT FENCE OUTLETS 201 AND 301 AT BMP 1.2 AND BMP 1.3 NEEDED MAINTENANCE. INDIVIDUAL LOTS, OUTLET 201, BMP 1.1, BMP 1.2, AND BMP 1.3 NEEDED STABILIZATION. RIP RAP AT OUTLET 301 NEEDED MAINTENANCE. TWIN FALLS ROAD NEEDED TO BE CLEANED TO PREVENT FURTHER SEDIMENT TRACKING. C. DISHCARGES WERE NOT BEING MINIMIZED OR PREVENTED. SEDIMENT WAS OBSERVED LEAVING THE DEVELOPMENT AT SILT FENCE OUTLETS 201 AND 301 AT BMP 1.2 AND BMP 1.3 AND ENTERING THE TRIBUTARY OF MARKS CREEK.

Defendants (2)

• WENDELL FALLS SF-1Named in complaintNamed in settlement
• WENDELL FALLS DEVELOPMENT, LLCNamed in complaintNamed in settlement

Facilities (1)

• WENDELL FALLS SF-1

  UNKNOWN, UNKNOWN, NC, 00000

  Registry ID: 110037513125

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• WENDELL FALLS DEVELOPMENT, LLC (WENDALL FALLS SF-1)entered 2009-07-14

  Primary law: CWA

  Federal penalty: $7,000

Timeline (4 milestones)

• 2009-07-14Complaint Filed/Proposed Order
• 2009-07-14Final Order Issued
• 2009-07-17Enforcement Action Data Entered
• 2009-08-28Enforcement Action Closed