EPA v. KINGS MOUNTAIN LANDING, INC. (KINGS MOUNTAIN LANDING)

Case summary

12/4/09 - ADMINISTRATIVE ORDER ISSUED. ON MAY 18, 2009, EPA AND GAEPA PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT KINGS MOUNTAIN'S DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER IN ACCORDANCE WITH THE CWA, THE REGS PROMULGATED THEREUNDER AT 40 CFR 122.26, AND THE PERMIT. DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: A. SILT FENCES WERE DOWN AND/OR IN NEED OF MAINTENANCE AT OVER 85 PERCENT OF THE DEVELOPMENT. B. INSPECTIONS WERE NOT CONDUCTED BY CERTIFIED PERSONNEL OF VEHICLE ENTRANCE AND EXITS, DISTURBED AREAS, AREAS OF STORAGE, STRUCTURAL CONTROLS, OR AREAS THAT HAVE UNDERGONE FINAL STABILIZATION. C. MONITORING OF NEPHELOMETRIC TURBIDITY IN RECEIVING WATERS OR OUTFALLS WAS NOT BEING CONDUCTED. D. THERE WAS EVIDENCE OF OFFSITE ACCUMULATION OF SEDIMENT INTO AN UNNAMED TRIBUTARY AND THENCE TO LAKE HARTWELL. ALL REASONABLE STEPS WERE NOT TAKEN TO MINIMIZE OR PREVENT ANY DISCHARGE WHICH HAS A REASONABLE LIKELIHOOD OF ADVERSELY AFFECTING HUMAN HEALTH OR THE ENVIRONMENT. E. RECORDS OF MONITORING INFO WERE NOT KEPT ONSITE OR AT A READILY AVAILABLE DESIGNATED ALTERNATE LOCATION. THEREFORE, KINGS MOUNTAIN VIOLATED SECTIONS 301 AND 402(p) OF THE CWA BY FAILING TO COMPLY WITH THE GAEPA PERMIT; AND ALSO FOR DISCHARGES NOT AUTHORIZED BY THE GAEPA PERMIT. ORDER REQUIRES: A. IMMEDIATELY, PROPERLY DESIGN, INSTALL AND MAINTAIN BMPs INCLUDING SILT FENCES ALONG THE PERIMETER OF THE DEVELOPMENT. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. B. IMMEDIATELY, BEING CONDUCTING INSPECTIONS BY CERTIFIED PERSONNEL OF VEHICLE ENTRANCE AND EXITS, DISTURBED AREAS, AREAS OF STORAGE, STRUCTURAL CONTROLS, AND AREAS THAT HAVE UNDERGONE FINAL STABILIZATION. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. C. IMMEDIATELY, BEING MONITORING NEPHELOMETRIC TURBIDITY IN RECEIVING WATERS OR OUTFALLS. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. D. IMMEDIATELY, BEING TAKING ALL REASONABLE STEPS TO MINIMIZE OR PREVENT ANY DISCHARGE WHICH HAS A REASONABLE LIKELIHOOD OF ADVERSELY AFFECTING HUMAN HEALTH OR THE ENVIRONMENT. SPECIFICALLY, CEASE THE DISCHARGE OF OFF SITE SEDIMENT INTO AN UNNAMED TRIBUTARY AND THENSE TO LAKE HARTWELL. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. E. WITHIN 30 DAYS, SUBMIT RECORDS OF MONITORING INFORMATION FROM MAY 2009 UNTIL PRESENT, INCLUDING INSPECTION RESULTS, MONITORING INFORMATION, VIOLATION SUMMARY REPORTS, AND RAINFALL INFORMATION.

Defendants (1)

• KINGS MOUNTAIN LANDING, INC. (SB)Named in settlement

Facilities (1)

• KINGS MOUNTAIN LANDING

  KINGS BENCH DRIVE, HARTWELL, GA, 30531

  Registry ID: 110039173426

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• KINGS MOUNTAIN LANDING, INC. (KINGS MOUNTAIN LANDING)entered 2009-12-04

  Primary law: CWA

Timeline (4 milestones)

• 2009-12-04Final Order Issued
• 2009-12-22Enforcement Action Data Entered
• 2010-01-22NPDES Closed
• 2010-01-22Enforcement Action Closed