EPA v. WP EAST ACQUISTIONS, LLC - WESLEY VILLAGE APARTMENTS

Case summary

3/30/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: A. THE MAJORITY OF THE DEVELOPMENT WAS NOT STABILIZED AS REQUIRED BY PARTS I.C.1, I.C.2 AND II.C.1 OF THE PERMIT, INCLUDING THE SLOPES OF SEDIMENTATION PONDS 1 AND 2, AND A CLOSED POND BETWEEN POND 1 AND STEWART CREEK. ADDITIONALLY, THE BANK OF STEWART CREEK AT OUTFALL 3 WAS ERODING. B. ALL REASONABLE STEPS WERE NOT TAKEN TO PREVENT THE DISCHARGE OF SEDIMENT TO RECEIVING WATERS, AS REQUIRED BY PART II.B.2 OF THE PERMIT. SEDIMENT WAS DISCHARGED FROM POND 1 THROUGH OUTFALL 1 INTO STEWART CREEK. C. CORRECTIVE ACTIONS TO CONTROL THE SEDIMENTATION OUTSIDE OF THE DISTURBED AREA WERE NOT TAKEN, AS REQUIRED BY PART I.B.2 OF THE PERMIT. RECORDS OF ANY VISIBLE SEDIMENT DISCHARGED OUTSIDE OFTHE DISTURBED AREA WERE NOT KEPT, AS REQUIRED BY PART I.B.3 OF THE PERMIT. ORDER REQUIRES: A. IMMEDIATELY UPON RECEIPT OF THIS ORDER, AS REQUIRED BY PARTS I.C1, I.C.2 AND II.C.1 OF THE PERMIT, STABILIZE THE SLOPES OF SEDIMENTATION PONDS 1 AND 2, THE DRY POND BETWEEN SEDIMENTATION POND1 AND STEWART CREEK, AND THE BANK OF STEWART CREEK AT OUTFALL 3. WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS ORDER, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT OF THE ORDER HAS BEEN MET. B. IMMEDIATELY UPON RECEIPT OF THIS ORDER, AS REQUIRED BY PARTS I.B.2 OF TH PERMIT, TAKE CORRECTIVE ACTION TO CLEAN UP THE SEDIMENT HAS ENTERED STEWART CREEK NEAR OUTALL 1. IMMEDIATELY UPON RECEIPT OF THIS ORDER, AS REQUIRED BY PART II.B.2 OF THE PERMIT, TAKE ALL REASONABLE STEPS TO MINIMIZE OR PREVENT THE DISCHARGE OF SEDIMENT TO STEWART CREEK. IMMEDIATELY UPON RECEIPT OF THIS ORDER, AS REQUIRED BY I.B.3 OF THE PERMIT, KEEP RECORDS OF MEASURE TAKEN TO CONTROL RELEASES, AND MEASURE TAKEN TO CLEAN UP SEDIMENT DISCHARGED. WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS ORDER, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT OF THE ORDER HAS BEEN MET.

Defendants (2)

• WESLEY VILLAGE APARTMENTS (SB)Named in settlement
• WP EAST ACQUISTIONS, LLC (SB)Named in settlement

Facilities (1)

• WESLEY VILLAGE APARTMENTS

  200 FREEDOM DRIVE, CHARLOTTE, NC, 00000

  Registry ID: 110037955308

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• WP EAST ACQUISTIONS, LLC - WESLEY VILLAGE APARTMENTSentered 2009-03-30

  Primary law: CWA

Timeline (3 milestones)

• 2009-03-30Final Order Issued
• 2009-04-01Enforcement Action Data Entered
• 2012-01-30Enforcement Action Closed