EPA v. JDG INVESTMENTS, INC. - WHITE OAK LANDING PHASE III

Case summary

11/28/2008 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: DURING THE CSWEI, EPA INSPECTORS OBSERBED THE FOLLOWING: A. THE PLAN WAS NOT IMPLEMENTED AS APPROVED, AS REQUIRED BY PART I.A.2 OF THE PERMIT. THE LEVEL SPREADER #3-2 DESCRIBED IN THE PLAN WAS NOT INSTALLED AT THE SEDIMENT TRAP #4 OUTFALL. THE CHECK DAMS IN THE DRAINAGE DITCHES WERE NOT INSTALLED PER THE DESIGN AND SPECIFICATIONS IN THE PLAN. B. INSPECTION REPORTS WERE MISSING FOR THE FOLLOWING DATES: 02/1/08, 03/7/08, 3/12/08, 4/25/08, 4/27/08, 4/28/08, 7/4/08, 7/5/08, 07/6/08, 07/19/08, 07/31/08, 08/20/08, 08/27/08, 08/30/08, AND 06/06/08; AND NO RAIN GAUGE WAS OBSERVED, AS REQUIRED BY PART I.B.1 OF THE PERMIT. C. INSPECTION REPORTS DID NOT INCLUDE AN EXPLANATION OF CORRECTIVE ACTIONS TAKEN TO ADDRESS SEDIMENT DISCHARGES OBSERVED ENTERING THE UNNAMED TRIBUTARY OF WHITE OAK FROM SEDIMENT TRAP #4 OFF STREET F, MEASURES TAKEN TO CONTROL FUTURE RELEASES, AND MEASURES TAKEN TO CLEAN UP SEDIMENT BEYOND THE DISTURBED LIMITS, AS REQUIRED BY PART I.B.2 AND PART I.B.3 OF THE PERMIT. D. STORM WATER CONTROLS WERE NOT BEING OPERATED AND MAINTAINED AT OPTIMUM EFFICIENCY, AS REQUIRED BY PART I.C.2 AND PART II.C.1 OF THE PERMIT. SILT FENCING ON THE SOUTHEASTERN PORTIONS OF THE DEVELOPMENT OFF STREETS D AND E NEEDED MAINTENANCE. SEDIMENT TRAP #4 OFF STREET F HAD DOUBLE-ROW SILT FENCING BELOW IT THAT NEEDED TO BE REPLACED. SILT FENCING ON THE SOUTHWESTERN PORTION OF THE DEVELOPMENT OFF STREET G NEEDED MAINTENANCE. A STORM DRAIN INLET AT THE INTERSECTION OF STREETS D AND E NEEDED ADEQUATE PROTECTION. ANOTHER STORM DRAIN INLET OFF STREET G NEEDED MAINTENANCE. DRAINAGE DITCHES OFF OF THE CUL-DE-SEC OF STREET D AND STREET E NEEDED TO BE STABILIZED TO PREVENT FURTHER EROSION. E. DISCHARGES WERE NOT BEING MINIMIZED OR PREVENTED, AS REQUIRED BY PART II.B.2 OF THE PERMIT. SEDIMENT TRAP #4 NEEDED MAINTENANCE AS SEDIMENT WAS OBSERVED LEAVING OFF-SITE AND ENTERING THE UNNAMED TRIBUTARY OF WHITE OAK CREEK.

Defendants (2)

• WHITE OAK LANDING PHASE IIINamed in settlement
• JDG INVESTMENTS, INC.Named in settlement

Facilities (1)

• WHITE OAK LANDING PHASE III

  WHITE OAK ROAD, CLAYTON, NC, 27520

  Registry ID: 110037513116

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• JDG INVESTMENTS, INC. - WHITE OAK LANDING PHASE IIIentered 2008-11-28

  Primary law: CWA

Timeline (3 milestones)

• 2008-11-28Final Order Issued
• 2008-12-04Enforcement Action Data Entered
• 2010-06-10Enforcement Action Closed