EPA v. EASTERN VALLEY, LLC - SOUTHERN TRACE

Case summary

1/21/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: AS A RESULT OF THE COMPLIANCE STORM WATER EVALUATION INSPECTION ( CSWEI ) AT RESPONDENT'S DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORM WATER AT THE DEVELOPMENT IN ACCORDANCE WITH THE CWA, THE REGULATIONS PROMULGATED THEREUNDER AT 40 CFR SECTION 122.26, AND THE ADEM PERMIT REGULATIONS. AS A RESULT OF THE CSWEI INSPECTION, EPA INSPECTORS OBSERVED THE FOLLOWING: RESPONDENTS FAILED TO MAINTAIN OR INSTALL ADEQUATE BMPS, RESPONDENT HAS VIOLATED PART 335-6-12-06(3) AND (4), PART 335-7-12-.21(3), (4), (5)(a), AND (b)PART 335-6-12-.21(11)(c) AND (d), PART 335-6-12-.35(1) OF THE PERMIT REGULATIONS. RESPONDENT FAILED TO MITIGATE AND PREVENT OR MINIMIZE ADVERSE IMPACTS TO THE STREAM. RESPONDENT FAILED TO SUBMIT A REVISED NOR FOR THE INCREASE IN THE NUMBER OF DISTURBED ACRES AT ITS DEVELOPMENT. THEREFORE, RESPONDENTS VIOLATED SECTIONS 301 AND 402(p)OF THE CWA, BY FAILING TO COMPLY WITH THE ADEM PERMIT REGULATIONS, AND ALSO FOR DISCHARGES NOT AUTHORIZED BY THE ADEM PERMIT REGULATIONS.

Defendants (2)

• EASTERN VALLEY, LLCNamed in settlement
• SOUTHERN TRACE

Facilities (1)

• SOUTHERN TRACE

  OFF EASTERN VALLEY ROAD, BIRMINGHAM, AL, 35216

  Registry ID: 110037951204

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• EASTERN VALLEY, LLC - SOUTHERN TRACEentered 2009-01-21

  Primary law: CWA

Timeline (3 milestones)

• 2009-01-21Final Order Issued
• 2009-01-23Enforcement Action Data Entered
• 2010-01-01Enforcement Action Closed