EPA v. CORNER TRACE SUBDIVISION (D&S LAND INTERNATIONAL, LLC)

Case summary

1/8/09 - ADMIN ORDER ISSUED. ON MAR 12, 2008, EPA AND ADEM PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI). AS A RESULT, EPA HAS DETERMINED THAT STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY WAS DISCHARGED FROM THE DEVELOPMENT WITHIN THE MEANING OF CWA SEC 402(p) AND ITS IMPLEMENTING REGULATIONS. DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: D&S FAILED TO: A. DESIGN, IMPLEMENT AND REGULARLY MAINTAIN EFFECTIVE BMPs TO THE MAXIMUM EXTENT PRACTICABLE TO PREVENT OFF-SITE SEDIMENTATION. SILT FENCING AND ROCK CHECK DAMS WERE FULL OF SEDIMENT AND NEEDED MAINTENACE. SILT FENCING WAS COLLAPSED IN SOME AREAS ALLOWING FOR THE DISCHARGE OF SEDIMENT OFF-SITE. THERE WAS NO CURB INLET PROTECTION AND NO STABILIZATION OF SUBDIVISION LOTS. B. PREVENT OR TAKE ALL REASONABLE STEPS TO MINIMIZE THE DISCHARGE OF OFF-SITE SEDIMENTATION. SEDIMENT WAS LEAVING THE DEVELOPMENT FROM SEVERAL AREAS THROUGHOUT THE SITE WHERE BMPs WERE NOT MAINTAINED OR IN PLACE, THUS CAUSING SEDIMENT TO DISCHARGE OFF-SITE. C. MAINTAIN ADEQUATE RECORDS TO DOCUMENT COMPLIANCE, INCLUDING INSPECTION RECORDS AND FAILED TO KEEP ALL RECORDS REQUIRED AT THE CONSTRUCTION SITE OR AT A PREVIOUSLY APPROVED/IDENTIFIED ALTERNATIVE SITE. RECORDS AND/OR INSPECTION REPORTS WERE NOT AVAILABLE FOR REVIEW. D. IMPLEMENT APPROPRIATE, EFFECTIVE BMPs ON ALL AREAS NOT UNDERGOING ACTIVE DISTURBANCE OR CONSTRUCTION FOR LONGER THAN 13 DAYS, AND TO MINIMIZE SURFACE AREA DISTURBED AT ANY ONE TIME. THERE WAS NO EVIDENCE OF THE SUBDIVISION LOTS HAVING BEEN SEEDED OR STABILIZED AFTER 13 DAYS OF INACTIVITY AND DISTURBED SURFACE ARE WAS NOT MINIMIZED. E. PROPERLY CLEAN UP, REMOVE OR STABILIZE SEDIMENT DEPOSITED OFF-SITE, OR REMEDIATE IN-STREAM IMPACTS TO THE MAXIMUM EXTENT PRACTICABLE. SEDIMENT WAS OBSERVED IN THE OUTFALL FROM SEVERAL CONVEYANCES THROUGHOUT THE DEVELOPMENT AND INTO THE RECEIVING STREAMS.

Defendants (1)

• D&S LAND INTERNATIONAL, LLCNamed in settlement

Facilities (1)

• CORNER TRACE SUBDIVISION

  INTERSECTION OF CENTRAL AND CORNERS ROADS, WARRIOR, AL, 35180

  Registry ID: 110035839493

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• CORNER TRACE SUBDIVISION (D&S LAND INTERNATIONAL, LLC)entered 2009-01-08

  Primary law: CWA

Timeline (3 milestones)

• 2009-01-08Final Order Issued
• 2009-01-16Enforcement Action Data Entered
• 2010-01-01Enforcement Action Closed