EPA v. WESTOVER DEVELOPMENT, LLC (VILLAGES OF WESTOVER)

Case summary

6/8/09 - ADMINISTRATIVE ORDER ISSUED. ON JAN 14, 2009, EPA AND ADEM PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI). DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: A. THE CBMPP WAS NOT AVAILABLE FOR REVIEW AS A REP WAS NOT ONSITE. A COPY OF THE CBMPP AND THE CBMPP SITE MAP WAS REQUESTED ON JAN 28, 2009 AND WAS PROVIDED ON FEB 17, 2009. B. INSPECTION REPORTS WERE NOT AVAILABLE FOR REVIEW DURING THE CSWEI AS A REP WAS NOT ONSITE. A COPY WAS PROVIDED ON FEB 17, 2009. C. SILT FENCING, STORM DRAIN INLET PROTECTION, AND ROCK OUTLET PROTECTION AT VARIOUS LOCATION WERE OBSERVED TO BE IN NEED OF MAINTENANCE. SILT FENCING AT OUTFALL 1 WAS DOWN. SILT FENCING SOUTH OF OUTFALL 3 WAS LEANING AND BREACHED IN SOME AREAS. SILT FENCING BELOW AND FURTHER NORTHEAST OF OUTFALL 2 WAS DOWN, BREACHED, AND LEANING IN PLACES. SILT FENCING NORTHEAST OF OUTFALL 2 WAS IMPROPERLY INSTALL IN THAT IT WAS NOT TRENCHED IN. SILT FENCING IN THE NORTHEASTERN PORTION HAD BEEN BREACHED, RESULTING IN UNAUTHORIZED DISCHARGES OF STORMWATER ENTERING THE UNNAMED TRIBUTARY (UT) OF MUDDY PRONG. SILT FENCING BETWEEN THE SEDIMENT TRAPS ON THE NE PORTION WAS IN NEED IN MAINTENANCE. SILT FENCING SE OF OUTFALL 4 HAD BEEN BREACHED, RESULTING IN AN UNAUTHORIZED DISCHARGE OF STORMWATER. STORM DRAIN INLET PROECTION WAS IN NEED OF MAINTENANCE. SOME INLETS WERE MISSING PROTECTION ALL TOGETHER, OTHERS WERE MISSING PORTIONS OF THE PROTECTION, AND SOME NEEDED TO HAVE SEDIMENT AND DEBRIS REMOVED. THE SERIES OF SEDIMENT TRAPS LOCATED ON THE NE PORTION NEEDED MAINTENANCE, SEDIMENT REMOVAL AND/OR ROCK REPLACEMENT AROUND EDGES. THE ROCK BERM TO THE EAST OF THE LAST SEDIMENT TRAP WAS IN NEED OF MAINTENANCE; THE ROCK WAS MISSING, DISPLACED, AND/OR NEEDED TO BE CLEANED OF DEBRIS AND SEDIMENT. THE INLET TO POND 2 WAS 3/4 FULL OF SEDIMENT. CONSTRUCTION DEBRIS, LITTER, CONCRETE PIECES, AND WOOD PALLETS WERE BEING STORED AT LOCATIONS THROUGHOUT THE DEVELOPMENT WITHOUT ANY PROTECTION FROM EXPOSURE TO STORMWATER. D. ALTHOUGH THE DEVELOPMENT HAD BEEN SEEDED AND MULCHED IN SOME AREAS, STABILIZATION WAS NEEDED AT SEVERAL SOIL STOCKPILES AND AT THE SLOPE AROUND OUTFALL 2. E. SILT FENCES HAD BEEN BREACHED AND SEDIMENT WAS OBSERVED IN THE UT OF MUDDY PRONG BELOW OUTFALL 3; NE OF OUTFALL 2 WHERE THE SILT FENCE HAD BEEN BREACHED; AND FURTHER NE OF OUTFALL 2. F. THE INSPECTION REPORTS NOTED DEFICIENCIES BUT DID NOT NOTE CORRECTIVE ACTIONS TAKEN OR TO BE TAKEN. THERE WERE TRENDS OF DEFICIENCIES FROM ONE INSPECTION TO THE NEXT WITH NO CORRESPONDING DOCUMENTATION OF CHANGES MADE TO THE CBMPP OR CORRECTIVE ACTIONS TAKEN THAT WOULD ENSURE THAT THE DEFICIENCIES DID NOT CONTINUE TO OCCUR. G. THE NUMBER OF OUTFALLS ON THE CBMPP SITE MAP DID NOT CORRELATE WITH THE NUMBER OF DISCHARGE POINTS IDENTIFIED ON THE NOR. THE CBMPP SITE MAP IDENTIFIES 6 OUTFALLS BUT THE NOR ONLY IDENTIFIES 3 OUTFALLS. H. THE SERIES OF SEDIMENT TRAPS AND THE ROCK BERM THAT WAS OBSERVED DURING THE CSWEI AT THE NE PORTION OF THE DEVELOPMENT WERE NOT IDENTIFIED ON THE CBMPP.

Defendants (2)

• VILLAGES OF WESTOVERNamed in settlement
• WESTOVER DEVELOPMENT, LLCNamed in settlement

Facilities (1)

• VILLAGES OF WESTOVER

  HWY 51, CHELSEA, AL, 35043

  Registry ID: 110038182882

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• WESTOVER DEVELOPMENT, LLC (VILLAGES OF WESTOVER)entered 2009-06-08

  Primary law: CWA

Timeline (3 milestones)

• 2009-06-08Final Order Issued
• 2009-06-22Enforcement Action Data Entered
• 2010-01-01Enforcement Action Closed