EPA v. WENDELL FALLS DEVELOPMENT, LLC (WENDELL FALLS SF-15)

Case summary

7/14/09 - CONSENT AGREEMENT 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 INSPECTION (CSWEI) AT THE DEVLEOPMENT. DURING THE CSWEI, INSPECTORS OBSERVED THAT STORM WATER CONTROLS WERE NOT BEING OPERATED AND MAINTAINED AT OPTIMUM EFFICIENCY; AND DISCHARGES WERE OT BEING MINIMIZED OR PREVENTED. SILT FENCING WAS LOCATED WITHIN THE TRIBUTARY OF MARKS CREEK AT THE STREAM CROSSING JUST EAST OF BMP 2.2 ON THE SF-2 PORTION OF THE DEVELOPMENT. THE SILT FENCING WAS IMPOUNDING THE NATURAL FLOW OF THE CREEK. SEDIMENT LOSS WAS OBSERVED IN THE TRIBUTARY OF MARKS CREEK ON EITHER SIDE OF THE STREAM CROSSING AT BIG FALLS DRIVE. SLOPES NEAR THE STREAM CROSSING HAD THE POTENTIAL FOR SEDIMENT LOSS AND NEEDED STABILIZATION.

Defendants (2)

• WENDELL FALLS SF-15Named in complaintNamed in settlement
• WENDELL FALLS DEVELOPMENT, LLCNamed in complaintNamed in settlement

Facilities (1)

• WENDELL FALLS SF-15

  UNKNOWN, UNKNOWN, NC, 00000

  Registry ID: 110037513161

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• WENDELL FALLS DEVELOPMENT, LLC (WENDELL FALLS SF-15)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
• 2009-08-12Enforcement Action Closed