EPA v. CRESCENT RESOURCES, LLC (CITY BLVD. (US-29)/NC-49 ROADWAY IMP.)

Case summary

3/23/2009 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: AS A RESULT OF THE CSWEI, EPA REGION 4 DETERMINED THAT STORM WATER ASSOCIATED WITH INDUSTRIAL ACTIVITY WAS DISCHARGED FROM THE DEVELOPMENT WITHIN THE MEANING OF SECTION 402(p) OF THE CWA, AND ITS IMPLEMENTING REGULATIONS. ORDER STATES: A. NEITHER THE APPROVED PLAN NOR SELF-INSPECTION REPORTS WERE AVAILABLE FOR REVIEW DURING THE SCWEI AS A REPRESENTATIVE WAS NOT ON-SITE. THEREFORE, COMPLIANCE WITH PART I.A.2, PART I.B.1, PART I.B.2, AND PART I.B.3 COULD NOT BE VERIFIED. B. OPERATION AND MAINTENANCE PROBLEMS WITH THE EROSION AND SOIL CONTROL DEVICES WERE NOTED: (1) SILT FENCING AT OUTFALL #1 HAD RILLS FORMING UNDERNEATH DUE TO IMPROPERLY INSTALLED FENCING; (2) NO PROTECTION WAS PROVIDED AT STREET CURB INLET STRUCTURES; (3) THE SLOPES OF THE DIVERSION DITCHES WERE NOT STABILIZED; (4) SOILS THROUGHOUT THE DEVELOPMENT REQUIRED STABILIZATION. THE LACK OF MAINTENANCE OF THESE CONTROLS RESULTED IN SEDIMENT BEING DISCHARGED IN VIOLATION OF PART I.B.3, PART.C.2, PART II.B.2 AND PART II.C.1 OF THE PERMIT. C. RIP RAP WAS NOT PROVIDED AT THE OUTFALLS TO SLOW THE VELOCITY OF STORM WATERS BEING DISCHARGED AS REQUIRED BY PART II.B.2 OF THE PERMIT. D. TURBID WATER WAS OBSERVED FROM OUTFALLS #1, #2, AND #3 INTO THE UNNAMED TRIBUTARIES TO DOBY CREEK IN VIOLATION OF PART I.B.3 AND PART II.B.2 OF THE PERMIT. THEREFORE, RESPONDENT VIOLATED SECTION 301 AND 402(p) OF THE CWA, BY FAILING TO COMPLY WITH NCDENR PERMIT AND FOR DISCHARGES NOT AUTHORIZED THE PERMIT. ORDER REQUIRES: A. WITH TEN DAYS OF RECEIPT OF THIS ORDER, SUBMIT A COPY OF THE APPROVED PLAN IN ACCORDANCE WITH I.A.2 OF THE PERMIT. B. IMMEDIATELY UPON RECEIPT OF THIS ORDER, INSTITUTE AN INSPECTION PROGRAM, IF ONE HAS NOT ALREADY BEEN INSTITUTED, THAT MEETS THE REQUIREMENTS OF THE PERMIT. WITHIN THIRTY DAYS OF RECEIPT OF THIS ORDER, PROVIDE COPIES OF INSPECTINS, IF AVAILABE, FOR THE MONTHS OF DECEMBER 2008, JANUARY 2009 AND FEBRUARY 2009. C. IMMEDIATELY UPON RECEIPT OF THIS ORDER, AS REQUIRED BY PARTS I.C.2, II.B.1, II.B.2 AND II.C.1 OF THE PERMIT, PROVIDE OPERTION AND MAINTENACE TO EROSION CONTROL STRUCTURES INSTALLED AT THE DEVELOPMENT. C.

Defendants (2)

• CITY BOULEVARD (US-20) NC-49 ROADWAY IMPROVEMENTSNamed in settlement
• CRESCENT RESOURCES, LLCNamed in settlement

Facilities (1)

• CITY OF BOULEVARD

  I-85 AND CITY BOULEVARD (US29/NC 49), CHARLOTTE, NC, 28285

  Registry ID: 110037955282

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• CRESCENT RESOURCES, LLC (CITY BLVD. (US-29)/NC-49 ROADWAY IMP.)entered 2009-03-23

  Primary law: CWA

Timeline (3 milestones)

• 2009-03-23Final Order Issued
• 2009-03-25Enforcement Action Data Entered
• 2012-01-30Enforcement Action Closed