EPA v. JDG INVESTMENTS, INC. (WHITE OAK LANDING PHASE III)

Case summary

5/7/10 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $5,000 DUE WITHIN 30 DAYS. ON SEPT 24, 2008, EPA AND NCDENR PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT RESPONDENT'S DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER. DURING THE CSWEI, EPA OBSERVED THE FOLLOWING: A. THE PLAN WAS NOT IMPLEMENTED AS APPROVED. THE LEVEL SPREADER #3-2 DESCRIBED IN THE PLAN WAS NOT INSTALLED AT THE SEDIMENT TRAP #4 OUTFALL. THE CHECK DAMS IN THE DRAINAGE DITCHES WERE NOT INSTALLED PER THE DESIGN AND SPECIFICATIONS IN THE PLAN. B. INSPECTION REPORTS WERE MISSING FOR THE FOLLOWING DATES: FEB 1, 2008; MARCH 7, 2008; MARCH 12, 2008; APR 25, 2008; APR, 28, 2008; JUL 4, 2008; JULY 5, 2008; JULY 6, 2008; JULY 19, 2008; JULY 31, 2009, AUGUST 20, 2008; AUGUST 27, 2009, AUGUST 30, 2008, AND SEPT 6, 2008; AND NO RAIN GAUGE WAS OBSERVED. C. INSPECTION REPORTS DID NOT INCLUDE AN EXPLANATION OF CORRECTIVE ACTIONS TAKEN TO ADDRESS SEDIMENT DISCHARGES OBSERVED ENTERING THE UNNAMED TRIBUTARY OF WHITE OAK CREEK FROM SEDIMENT TRAP #4 OFF STREET F , MEASURES TAKEN TO CONTROL FUTURE RELEASES, AND MEASURES TAKEN TO CLEAN UP SEDIMENT BEYOND THE DISTURBED LIMITS. D. STORMWATER CONTROLS WERE NOT OPERATED AND MAINTAINED AT OPTIMUM EFFICIENCY. SILT FENCING ON THE SE PORTIONS OF THE DEVELOPMENT OFF STREETS D AND E NEEDED MAINTENANCE. SEDIMENT TRAP #4 OFF STREET F HAD DOUBLE-ROW SILT FENCING BELOW IT THAT NEEDED TO BE REPLACED. SILT FENCING ON THE SW PORTION OF THE DEVELOPMENT OFF STREET G NEEDED MAINTENANCE. A STORM DRAIN INLET AT THE INTERSECTION OF STREETS D AND E NEEDED ADEQUATE PROTECTION. ANOTHER STORM DRAIN INLET OFF OF STREET G NEEDED MAINTENANCE. DRAINAGE DITCHES OFF OF THE CUL-DE-SAC OF STREET D AND STREET D NEEDED TO BE STABILIZED TO PREVENT FURTHER EROSION. E. DISCHARGES WERE NOT BEING MINIMIZED OR PREVENTED. SEDIMENT TRAP #4 NEEDED MAINTENANCE AS SEDIMENT WAS OBSERVED LEAVING THE SITE AND ENTERING THE UNNAMED TRIBUTARY OF WHITE OAK CREEK.

Defendants (1)

• JDG INVESTIMENTS, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• WHITE OAK LANDING PHASE III

  WHITE OAK ROAD, CLAYTON, NC, 27520

  Registry ID: 110037513116

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• JDG INVESTMENTS, INC. (WHITE OAK LANDING PHASE III)entered 2010-05-07

  Primary law: CWA

  Federal penalty: $5,000

Timeline (4 milestones)

• 2010-05-07Complaint Filed/Proposed Order
• 2010-05-07Final Order Issued
• 2010-05-10Enforcement Action Data Entered
• 2010-06-10Enforcement Action Closed