EPA v. MEMPHIS, TN, CITY OF / APPLING/I-40 NORTHWEST PLANNED DEVELOPMENT

Case summary

10/28/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,000, DUE WITHIN 30 DAYS. ON NOV 4, 2009, EPA AND TDEC CONDUCTED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT RESPONDENT'S DEVELOPMENT. DURING THE CSWEI, EPA OBSERVED THE FOLLOWING: A. RESPONDENT FAILED TO RETAIN A SWPPP ON-SITE AS REQUIRED BY SECTIONS 3.3.1 AND 5.2 OF THE PERMIT. B. RESPONDENT FAILED TO DESIGN AND IMPLEMENT EROSION PREVENTION AND SEDIMENT CONTROLS AS REQUIRED BY SECTIONS 3.5.3.1 AND 6.14 OF THE PERMIT. SILT FENCES THROUGHOUT THE DEVELOPMENT WERE NOT MAINTAINED, A STORMWATER INLET WAS NOT PROTECTED; AND AREAS OF THE DEVELOPMENT AND THE BANKS OF THE SEDIMENTATION POND WERE NOT STABILIZED WITHIN 15 DAYS OF DISTURBANCE. C. RESPONDENT FAILED TO ESTABLISH PROPER ENTRANCE/EXIT CONTROLS AS TO PREVENT OFF-SITE VEHICLE TRACKING OF SEDIMENTS AND THE GENERATION OF DUST, AS REQUIRED BY SECTION 3.5.5 OF THE PERMIT. D. RESPONDENT FAILED TO PREVENT SEDIMENT DISCHARGES INOT FLETCHER CREEK BY FAILING TO DESIGN, INSTALL, AND MAINTAIN EROSION CONTROLS; BY NOT STABILIZING THE SOIS ON THE DEVELOPMENT; AND BY NOT CONTAINING AND/OR CONTROLLING STORMWATER RUN-OFF, AS REQUIRED BY SECTIONS 4.3.2 AND 6.4 OF THE PERMIT.

Defendants (2)

• MEMPHIS, TN, CITY OFNamed in complaintNamed in settlement
• APPLING/I-40 NORTHWEST PLANNED DEVELOPMENTNamed in complaintNamed in settlement

Facilities (1)

• APPLING I-40 NORTHWEST PLANNED DEVELOPMENT 4TH AMENDMENT

  APPLING AND I-40, MEMPHIS, TN, 38018

  Registry ID: 110040434312

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• MEMPHIS, TN, CITY OF / APPLING/I-40 NORTHWEST PLANNED DEVELOPMENTentered 2010-10-28

  Primary law: CWA

  Federal penalty: $2,000

Timeline (5 milestones)

• 2010-10-28Final Order Issued
• 2010-10-28Complaint Filed/Proposed Order
• 2010-11-08Enforcement Action Data Entered
• 2012-01-05NPDES Closed
• 2012-01-05Enforcement Action Closed