EPA v. PONTOTOC UNION LEE ALLIANCE & L&T CONSTRUCTION, INC. /BLUE SPRINGS NORTH LOOP INTERCHANGE

Case summary

5/27/10 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $30,000. ALLEGATIONS: PONTOTOC UNION LEE ALLIANCE ( PUL ) IS A PARTNERSHIP FORMED UNDER THE LAWS OF MISSISSIPPI, AND L&T CONSTRUCTION IS A CORPORATION DULY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF MISSISSIPPI. AT ALL TIMES RELEVANT TO THIS ACTION, PUL AND L&T OWNED AND/OR OPERATED A CONSTRUCTION SITE KNOWN AS BLUE SPRINGS NORTH LOOP INTERCHANGE LOCATED AT U.S. HWY 78 AND STATE ROUTE 9, BLUE SPRINGS, MS. ON MAY 12, 2009, EPA AND MDEQ PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT THE DEVELOPMENT. DURING THE CSWEI, EPA OBSERVED THE FOLLOWING: A. APPROX 90 ACRES OF LAND WERE CLEARED AND UNDER CONSTRUCTION. THE SWPPP WAS NOT SITE-SPECIFIC AND CONTAINED BMPs THAT HAD NOT BEEN IMPLEMENTED. PUL AND/OR L&T FAILED TO DEVELOP AND IMPLEMENT AN APPROPRIATE SWPPP, OR AMEND THE SWPPP, REFLECTIVE OF THE CONSTRUCTION ACTIVITIES. B. NO VEGETATIVE COVER, SEEDING, MULCHING, SODDING, GEOTEXTILES OR SOIL REINFORCEMENT MATERIAL WERE PRESENT AT THE DEVELOPMENT, SOIL WAS NOT STABILIZED, AND SURFACE AREA EXPOSURE WAS NOT MINIMIZED. C. SOME OF THE SILT FENCES WERE NOT PROPERTY INSTALLED AND OTHERS WERE FULL OF SEDIMENT; THE STORM DRAIN OUTLET WAS NOT PROTECTED; AND A SEDIMENT POND AND CHECK DAM WERE INSTALLED IN THE TRIBUTARY OF RYAN CREEK. PUL AND/OR L&T FAILED TO PROPERTY INSTALL AND/OR MAINTAIN EROSION CONTROLS ALONG THE TRIBUTARIES OF RYAN AND CALDWELL CREEKS. D. THE SWPPP DID NOT INCLUDE POST-CONSTRUCTION MEASURES, LEGIBLE DIAGRAMS OF EROSION AND SEDIMENT CONTROLS, OR THE TIMING OF ALL MAJOR LAND-DISTURBING ACTIVITIES WITH APPLICABLE CONTROLS MEASURES. E. SEDIMENT WAS OBSERVED IN THE TRIBUTARIES OF RYAN AND CALDWELL CREEKS NORTH OF HWY 78. ADDITIONAL BMPs HAD NOT BEEN INSTALLED TO PREVENT SEDIMENT FROM LEAVING THE DEVELOPMENT. F. INSPECTION REPORTS OF EROSION CONTROLS WERE NOT AVAILABLE.

Defendants (3)

• PONTOTOC UNION LEE ALLIANCENamed in complaintNamed in settlement
• BLUE SPRINGS NORTH LOOP INTERCHANGENamed in complaintNamed in settlement
• L&T CONSTRUCTION, INC.Named in complaintNamed in settlement

Facilities (1)

• PONTOTOC UNION LEE ALLIANCE NORTH LOOP INTERCHANGE

  US HIGHWAY 78 INTERSECTION W/STATE HIGHWAY 9, BLUE SPRINGS, MS, 38828

  Registry ID: 110041898471

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• PONTOTOC UNION LEE ALLIANCE & L&T CONSTRUCTION, INC. /BLUE SPRINGS NORTH LOOP INTERCHANGEentered 2010-05-27

  Primary law: CWA

  Federal penalty: $30,000

Timeline (4 milestones)

• 2010-05-27Complaint Filed/Proposed Order
• 2010-05-27Final Order Issued
• 2010-06-07Enforcement Action Data Entered
• 2010-06-16Enforcement Action Closed