EPA v. CLARK CONSTRUCTION GROUP, LLC / SATOC TRAINEE BARRACKS / HARMONY CHURCH SITE (FF)

Case summary

7/9/09 - ADMINISTRATIVE ORDER ISSUED. ON FEB 26, 2009, EPA AND GAEPD, FORT BENNING DIRECTORATE OF PUBLIC WORKS ENVIRONMENTAL MANAGEMENT DIVISION, AND THE ARMY CORPS OF ENGINEERS PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI) AT CLARK CONSTRUCTION'S DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORM WATER. AS A RESULT OF THE CSWEI, EPA HAS DETERMINED THAT STORM WATER ASSOCIATED WITH INDUSTRIAL ACTIVITY WAS DISCHARGED FROM THE DEVELOPMENT WITHIN THE MEANING OF CWA SECTION 402(p) AND ITS IMPLEMENTING REGULATIONS. DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: A. SEDIMENT DEPOSITION WAS OBSERVED OFF SITE BEYOND OUTFALL B WITHIN A DESIGNATED WETLANDS AREA IN VIOLATION OF PART V.D OF THE PERMIT. B. THE BMPs TO CONTROL VEHICLE TRACKING OF SEDIMENT WERE NOT EFFECTIVE AS REQUIRED BY PART IV.D.3.c(2) OF THE PERMIT. A LAYER OF SEDIMENT WAS OBSERVED ON THE ROAD ALONG THE CONSTRUCTION SITE. C. BMPs WERE NOT IMPLEMENTED PROPERLY AS REQUIRED BY PARTS III.D.2 AND V.L OF THE PERMIT. SPECIFICALLY, THE ROCK PROTECTION AT THE OUTFALL FOR THE PIPED CREEK THRU THE DEVELOPMENT HAD SEDIMENT BUILD UP, AND THE CURB INLET PROTETION WAS NOT PROPERLY IMPLEMENTED. D. THE PLAN SUBMITTED TO EPA DID NOT CONTAIN A DESCRIPTION OF PROCEDURES TO ENSURE THE TIMELY MAINTENANCE OF VEGETATION, EROSION AND SEDIMENT CONTROL MEANSURES AS REQUIRED BY PART IV.D.5 OF THE PERMIT. ORDER REQUIRES: A. IMMEDIATELY, CLEAN OUT OR STABILIZE THE SEDIMENT WHICH HAS BEEN DEPOSITED OFF SITE. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. B. IMMEDIATELY, IMPLEMENT STREET CLEANING ON SITE TO REDUCE THE AMOUNT OF SEDIMENT TRACKED ON THE ROADS OF THE DEVELOPMENT. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. C. IMMEDIATELY, CLEAN OUT ROCK OUTFALL PROTECTION AT THE PIPED CREEK AND ENSURE ALL CURB INLET PROTECTION IS IMPLEMENTED PROPERLY AND MAINTAINED. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. D. WITHIN 30 DAYS, SUBMIT A DESCRIPTION OF PROCEDURES TO ENSURE THE TIMELY MAINTENANCE OF VEGETATION, EROSION AND SEDIMENT CONTROL MEASURES AND OTHER PROTECTIVE MEASURES.

Defendants (3)

• HARMONY CHURCH SITENamed in settlement
• SATOC TRAINEE BARRACKSNamed in settlement
• CLARK CONSTRUCTION GROUP, LLCNamed in settlement

Facilities (1)

• SATOC FOR TRAINEE BARRACKS - HARMONY CHURCH SITE

  AXTON ROAD AT CUSSETA HIGHWAY, FORT BENNING, GA, 31905

  Registry ID: 110038448052

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• CLARK CONSTRUCTION GROUP, LLC / SATOC TRAINEE BARRACKS / HARMONY CHURCH SITE (FF)entered 2009-07-09

  Primary law: CWA

Timeline (4 milestones)

• 2009-07-09Final Order Issued
• 2009-08-19Enforcement Action Data Entered
• 2010-01-01Enforcement Action Closed
• 2010-01-01NPDES Closed