EPA v. PIN OAK FARMS, LLC (PIN OAK FARMS, PHASE ONE)

Case summary

8/10/09 AO ISSUED. ON FEB 18, 09, EPA AND SCDHEC PERFORMED A CSWEI. ON APR 9, 09, EPA ISSUED AN INFO REQUEST TO PIN OAK FARMS. PIN OAK FARMS, LLC PROVIDED THE REQUESTED INFO. DURING THE CSWEI AND BASED ON THE REVIEW OF THE INFO GATHERED FROM THE SEC 308 RESPONSE, EPA INSPECTORS OBSERVED: A)THE NOI WAS ISSUED TO GIBEON DEVELOPMENT FOR THE DEV ON JUN 7, 06. GIBEON DEV REQUESTED PERMIT COVERAGE FOR THE DEV AS A PART OWNER OF PIN OAK FARMS. HOWEVER, PERMIT COVERAGE WAS PROVIDED TO GIBEON DEV ALONE AND NOT TO PIN OAK FARMS. ON JAN 1, 2008, GIBEON DEV SOLD ITS PARTIAL OWNERSHIP IN PIN OAK FARMS. PIN OAK FARMS REMAINS THE OWNER OF THE DEV. ON JUN 24, 08, J. WILLIAMS SIGNED A CO-PERMITTEE STATEMENT AS A MANAGING MEMBER OF PIN OAK FARMS TO BE INCLUDED WITH THE SWPPP. HOWEVER, GIBEON DEV REMAINS ON THE CURRENT NOI. PIN OAK FARMS HAS NOT SUBMITTED AN NOI FOR THE DEV AND DID NOT OBTAIN COVERAGE UNDER THE SCDHEC PERMIT AS REQUIRED BY CWA 301 AND 402(p). B)ALL POTENTIAL POLLUTION SOURCES WERE NOT ID'D IN THE SWPPP. C)PIN OAK FARMS FAILED TO AMEND THE SWPPP, INCLUDING THE SITE MAP, WHEN THERE WAS A CHANGE IN DESIGN, CONSTRUCTION, O&M THAT WILL CAUSE, POTENTIALLY CAUSE, OR CONTRIBUTE TO VIOLATIONS IN SC'S WATER QUALITY STDS. SITE MAP DENOTED ONLY 1 INLET IN THE DETENTION POND ON SITE, BUT, DURING THE CSWEI 2 INLETS WERE OBSERVED IN DETENTION POND. SITE MAP DENOTED A RETAINING WALL THAT WAS TO BE INSTALLED ON THE SW SIDE, THIS HAS NOT BEEN INSTALLED. D)SWPPP DID NOT INCLUDE ID OF ALL OPERATORS, ID OF ALL CONTRACTORS AND SUBS AND COPIES OF CONTRACTOR/SUB CERTIFICATION STATEMENTS. E)SITE MAP DOES NOT ID THE SURFACE WATERS. F)SILT FENCING N OF THE DETENTION POND AND SLIGHTLY SE OF THE OUTFALL IS DOWN AND IN NEED OF MAINTENANCE. INLET PROTECTION FOR THE SE INLET LOCATED IN THE POND IS MISSING AND/OR DISPLACED NEEDS MAINTENANCE. INLET PROTECTION FOR THE W INLET IN THE POND ALSO MISSING AND/OR DISPLACED AND NEEDS MAINTENANCE. ROCK OUTLET PROTECTION FROM THE MOUTH OF THE OUTFALL HAS BEEN DISPLACED AND NEEDS MAINTENANCE. RETAINING WALL ON THE SW SIDE OF THE DEV WAS NOT INSTALLED. G)DEV IS PARTIALLY STABALIZED. BUT, THERE IS APPROX 1/2 OF THE DEV THAT HAS NOT BEEN STABILIZED AND IN NEED OF STABILIZATION. THE SE POND WALL IS IN NEED OF ADD'L STABILIZATION. A RETAINING WALL WAS NOT INSTALLED ON THE VERTICAL EMBANKMENT ON THE SW SIDE. SW PORTION OF THE SITE HAS LITTLE OR NO STABALIZATION AND THERE HAVE BEEN NO CONSTRUCTION ACTIVITIES FOR MORE THAN 14 DAYS. THERE ARE ALSO SOIL STOCKPILES BEING STORED IN THE SW PORTION THAT NEED TO BE STABALIZED. H)INSPECTIONS WERE NOT CONDUCTED AT LEAST ONCE EVERY 14 DAYS AND W/IN 24 HRS OF THE END OF A STORM EVENT OF 0.5 INCHES OR GREATER. THERE WERE NO INSPECTION RPTS SUBMITTED TO EPA PRIOR TO AUG 16, 08. INSPECTION SHOULD HAVE BEEN DONE ON (NO REPORTS WERE SUBMITTED): OCT 23, 08, NOV 8, 08, DEC 26, 08, AND FEB 12, 09. I)INSPECTION RPTS WERE INCOMPLETE. AUG 16, 08 REPT NOTED THAT OFFSITE IMPACTS OCCURRED BUT DID NOT DESCRIBE. REPORT DID NOT INCLUDE CORRECTIVE ACTIONS TAKEN TO ADDRESS IMPACTS. SINCE AUG 16, 08, RPT APPEARS TO BE 1ST RPT SUBMITTED; SHOULD HAVE INCLUDED QUALIFICATIONS. SEP 3, 08 AND SEP 16, 08 RPTS NOTED YES TO BMPS FAILING BUT DID NOT ID WHAT BMPS FAILED. NOV 15, 08 RPT MADE NOTE OF SOME SPECIFIC BMPS THAT FAILED AND THAT ADD'L BMPS NEEDED BUT DID NOT DETAIL ADD'L BMPS NOR THE CORRECTIVE ACTIONS. DEC 12,08 RPT NOTED THAT ACTIVE EROSION WAS EVIDENT BUT DID NOT NOTE THE CORRECTIVE ACTIONS TAKEN. ALL INSP RPTS SUBMITTED, AUG 16 08-MAR 2, 09, STATE PERMITTED AREA HAS 70% PERMANENT VEGETATIVE COVER OR EQUIVALENT MEASURES INSTALLED. CSWEI OBSERVED AT LEAST 1/2 OF PERMITTED AREA OF DEV WAS NOT STABILIZED; STATEMENT INACCURATE. STARTING WITH DEC 11, 08, INSP REPT, WAS NOTED THAT ALL LAND DISTRIBUTING ACTIVITIES PERMANENTLY CEASED, BUT INFO SUBMITTED INDICATED CONSTRUCTION WILL RESUME MAY 09. LAND DIST ACTIVITIES NOT PERMANENTLY CEASED-ONLY TEMPORARILY. J)MONTHLY RPTS NOT SUBMITTED TO SCDHEC.

Defendants (2)

• PIN OAK FARMS, PHASE ONENamed in settlement
• PIN OAK FARMS, LLCNamed in settlement

Facilities (1)

• PIN OAK FARMS

  UNKNOWN, UNKNOWN, SC, 00000

  Registry ID: 110038334914

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• PIN OAK FARMS, LLC (PIN OAK FARMS, PHASE ONE)entered 2009-08-10

  Primary law: CWA

Timeline (4 milestones)

• 2009-08-10Final Order Issued
• 2009-09-01Enforcement Action Data Entered
• 2010-01-01NPDES Closed
• 2010-01-01Enforcement Action Closed