EPA v. KING, STEVEN (OPELIKA KING PROPERTY)

Case summary

6/23/09 - ADMINISTRATIVE ORDER ISSUED. ON FEB 25, 2009, EPA AND ADEM PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI) AT THE DEVELOPMENT. DURING THE CSWEI, EPA OBSERVED THE FOLLOWING: A. NO BMPs WERE IMPLEMENTED ALTHOUGH LAND HAD BEEN CLEARED AND GRADING WAS TAKING PLACE. B. A SIGN WAS POSTED AT THE FRONT ENTRANCE TO THE DEVELOPMENT, BUT WAS NOT CURRENT AS IT DISPLAYED APPLIED FOR INSTEAD OF THE ADEM NPDES REGISTRATION. C. THE SELF-INSPECTION REPORT DATED JAN 7, 2009, CITED A DISCHARGE OF SEDIMENT INTO THE RECEIVING WATERS, AN UNNAMED TRIBUTARY TO SAUGAHATCHEE CREEK, AND STATED THAT PERIMETER SILT FENCING AND A TEMPORARY SEDIMENT BASIN WILL BE INSTALLED. HOWEVER, THESE BMPs WERE NOT YET INSTALLED AT THE TIME OF THE INSPECTION. D. THE SELF-REPORTING WAS INSUFFICIENT: NO STRUCTURAL BMPs WERE IMPLEMENTED AT THE TIME OF EPA'S INSPECTION. THERE WAS NO EVIDENCE THAT BMPs WERE IN PLACE PRIOR TO EPA'S INSPECTION; HOWEVER THE LACK OF INSTALLATION OF BMPs WAS NOT NOTED NOR REPORTED IN THE MONTHLY REPORTS AS REQUIRED. IN ADDITION, PART 335-6-12-.28(4)(f) OF THE PERMIT REGULATIONS REQUIRES COMPLETE INSPECTIONS AS OFTEN AS NECESSARY UNTIL ANY NON-COMPLIANT BMPs OBSERVED DURING A PRIOR INSPECTION ARE CORRECTED AND DOCUMENTED AS BEING IN COMPLIANCE. ONLY ONE INSPECTION PER MONTH WAS CONDUCTED, EVEN AFTER THE SELF-INSPECTION NOTED DEFICIENCIES IN THE JAN 5 AND 7, 2009 REPORTS. FURTHER THE SELF-INSPECTIONS DID NOT NOTE INADEQUATE OR MISSING BMPs WITHIN 5 DAYS OF BECOMING AWARE OF ANY BMP DEFICIENCIES. E. THE CBMPP DID NOT INCLUDE AN ADEQUATE DESCRIPTION OF THE DEVELOPMENT, NATURE OF THE CONTRUCTION ACTIVITIES WHICH DISTURB SOILS, NOR EXISTING TOPOGRAPHY AND DRAINAGE PATTERNS. F. THE CBMPP DID NOT INCLUDE INSTALLATION OF AN OUTFALL OR AN APPROPRIATE DESCRIPTION OF OUTFALL PROTECTION. G. A RAIN GAUGE WAS NOT ONSITE AT THE TIME OF THE INSPECTION WHICH WOULD PRECLUDE MEASURING AND RECORDING PRECIPITATION. H. CONSTRUCTION BEGAN AND CONTINUED EVEN THOUGH BMPs WERE NOT IMPLEMENTED, ALLOWING POTENTIAL IMPACTS TO THE RECEIVING WATERS. ALL REASONABLE STEPS, INCLUDING THE CESSATION OF CONSTRUCTION ACTIVITIES, SHALL BE TAKEN TO PREVENT OR MINIMIZE ADVERSE IMPACTS. ORDER REQUIRES: A. IMMEDIATELY, INSTALL AND MAINTAIN ALL BMPs REQUIRED IN THE CPMPP. IN ADDITION, INSTALL PROPER BMPs TO MINIMIZE OR PREVENT DISCHARGES TO THE RECEIVING WATERS. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. B. IMMEDIATELY, UPDATE THE SIGN AT THE FRONT ENTRANCE TO DISPLAY THE NAME OF THE REGISTRANT, ADEM REGISTRATION FOLLOWED BY THE ADEM NPDES REGISTRATION NUMBER, AND FACILITY OR DEVELOPMENT NAME TO REFLECT THE CURRENT ADEM NPDES REGISTRATION NUMBER. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. C. IMMEDIATELY, INCLUDE EVALUATIONS OF THE BMPs IN ALL INSPECTION REPORTS. IN ADDITION, IMMEDIATELY, COMPLETE INSPECTION AS OFTEN AS NECESSARY UNTIL ALL NON-COMPLIANT BMPs OBSERVED DURING A PRIOR INSPECTION ARE IN COMPLIANCE. FURTHER, REPORT INADEQUATE OR MISSING BMPs WITHIN 5 DAYS OF BECOMING AWARE OF THE BMP DEFICIENCY. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. D. IMMEDIATELY, UPDATE THE CBMPP TO INCLUDE THE TOPOGRAPHY OF THE DEVELOPMENT AND UPDATE THE CBMPP WITH THE OUTFALL LOCATION AND OUTFALL PROTECTION FOR THE SEDIMENT BASIN. WITHIN 30 DAYS SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. E. IMMEDIATELY, INSTALL A RAIN GAUGE AT THE ENTRANCE OF THE DEVELOPMENT. WITH 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET.

Defendants (1)

• OPELIKA KING PROPERTYNamed in settlement

Facilities (1)

• OPELIKA KING PROPERTY

  PIKE STREET AND DALLAS AVE, OPELIKA, AL, 36801

  Registry ID: 110039208693

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• KING, STEVEN (OPELIKA KING PROPERTY)entered 2009-06-23

  Primary law: CWA

Timeline (3 milestones)

• 2009-06-23Final Order Issued
• 2009-06-25Enforcement Action Data Entered
• 2010-01-01Enforcement Action Closed