EPA v. CLEVELAND BROTHERS, INC. - MIMMS TRAIL

Case summary

3/4/2010 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $15,000. ON FEB 25, 2009, EPA AND ADEM PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI) AT RESPONDENT'S DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER. DURING THE CSWEIs, EPA INSPECTORS OBSERVED THE FOLLOWING: A. A SIGN WAS NOT POSTED AT THE FRONT ENTRANCE TO THE DEVELOPMENT THAT INCLUDED THE ADEM NPDES REGISTRATION INFO. B. THE CBMPP AND INSPECTION REPORTS WERE NOT AVAILABLE FOR REVIEW. C. RAINFALL DATA WAS NOT AVAILABLE FOR REVIEW AND THERE WAS NOT RAIN GAUGE OBSERVED ON-SITE. D. BMPs WERE NOT BEING IMPLEMENTED OR MAINTAINED; DOUBLE-ROW SILT FENCING BELOW THE DOUBLE CULVERT OUTLET STRUCTURE WAS BEING OVERTOPPED WITH SEDIMENT ON THE SOUTHEASTERN PORTION OF THE DEVELOPMENT AND SILT FENCING BELOW THE OUTFALL TO POND B NEEDED MAINTENANCE; STORM DRAIN INLETS NEEDED APPROPRIATE PROTECTION AND MAINTENANCE TO PREVENT ANY FURTHER SEDIMENT FROM ENTERING THE UNNAMED TRIBUTARY OF CHEWACLA CREEK; THE CONSTRUCTION ENTRANCE/EXIT DID NOT HAVE APPROPRIATE ROCK IN PLACE TO PREVENT SEDIMENT FROM TRACKING OFF-SITE; THE OUTFALLS AT THE TWO SEDIMENT BASINS NEEDED MAINTENANCE AND APPROPRIATE RIP-RAP PROTECTION; SEVERAL AREAS WITH GULLY AND RILL EROSION NEEDED STABILIZATION; AND THE ENTIRE DEVELOPMENT NEEDED TO BE STABILIZED IF NO ADDITIONAL WORK WAS GOING TO TAKE PLACE WITHIN THE NEXT 13 DAYS. BMPs WERE NOT BEING IMPLEMENTED OR MAINTAINED. E. THE TWO OUTFALLS AT SEDIMENT BASINS DO NOT CORRELATE WITH THE ONE OUTFALL IDENTIFIED ON THE NOR SUBMITTED TO ADEM, AND THERE WAS NO WRITTEN NOTICE NOR A REVISED NOR INDICATING A CHANGE IN THE INFO CONTAINED IN THE NOR. F. SEDIMENT DISCHARGES INTO THE UNNAMED TRIBUTARY OF CHEWACLA CREEK WERE OBSERVED. THE STREAM CROSSING ON THE SW PORTION OF THE DEVELOPMENT DID NOT HAVE ADEQUATE STABILIZATION ALONG THE STREAM BANKS TO PREVENT SEDIMENT ACCUMULATION FROM REACHING DOWNSTREAM PORTIONS OF THE UNNAMED TRIBUTARY OF CHEWACLA CREEK. THE DOWNSTREAM PORTION OF THE TRIBUTARY SHOWED EVIDENCE OF SEDIMENT ACCUMULATION BETWEEN 8 -12 IN DEPTH, AND SEDIMENT IMPACTS WERE ESTIMATED TO SPAN APPROX 0.2 MILES ALONG THE TRIBUTARY. WETLAND DELINEATION MARKERS WERE OBSERVED ALONG THIS SEGMENT. SEDIMENT DISCHARGES WERE NOT MINIMIZED OR PREVENTED TO THE MAXIMUM EXTENT PRACTICABLE. G. A CHECK DAM WAS OBSERVED IN THE UT OF CHEWACLA CREEK. NO BMPs SHOULD BE INSTALLED IN A SURFACE WATER UNLESS AUTHORIZED.

Defendants (1)

• CLEVELAND BROTHERS, INC. (MIMMS TRAIL)Named in complaintNamed in settlement

Facilities (1)

• MIMMS TRAIL

  OFF OF SHELL TOOMER PARKWAY AND MILL CREEK RD., AUBURN, AL, 36830

  Registry ID: 110038391843

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• CLEVELAND BROTHERS, INC. - MIMMS TRAILentered 2010-03-04

  Primary law: CWA

  Federal penalty: $15,000

Timeline (4 milestones)

• 2010-03-04Final Order Issued
• 2010-03-04Complaint Filed/Proposed Order
• 2010-03-10Enforcement Action Data Entered
• 2014-08-04Enforcement Action Closed