EPA v. HILLSIDE, LLC/HILLSIDE S/D - SECTION 2

Case summary

2/17/2010 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: ON OCTOBER 28, 2009, REPRESENTATIVES OF EPA IN CONJUNCTION WITH KDEP PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION ( CSWEI ) AT THE DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER IN ACCORDANCE WITH CWA, THE REGULATIONS PROMULGATED THEREUNDER AT 40 CFR SECTION 122.26, AND THE PERMIT. AS A RESULT OF THE CSWEI, EPA, REGION 4 HAS DETERMINED THAT STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY WAS DISCHARGED FROM THE DEVELOPMENT WITHIN THE MEANING OF SECTION 402(p) OF THE CWA, 33 U.S.C. SECTION 1342(p) AND ITS IMPLEMENTING REGULATIONS. DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: A. THE GRASS STABILIZATION WAS FAILING ON THE FILL MATERIAL DEPOSITED ON THE NORTH SIDE OF THE DEVELOPMENT, RESULTING IN SEDIMENT AND DEBRIS DEPOSITS AT THE BOTTOM OF THE HILL AND TO FLOYDS FORK. RIPRAP WAS INSTALLED AT THE EDGE OF THE HILLSIDE TO PREVENT EROSION, BUT WAS NOT EFFECTIVE IN PREVENTING FURTHER EROSION B. THE NOI, SWPPP, AND RECORDS OF INSPECTION REPORTS WERE NOT AVAILABLE ON SITE. THE NOI AND THE SWPPP WERE SUPPLIED TO EPA AFTER THE INSPECTION; HOWEVER, NO INSPECTION REPORTS HAVE BEEN PROVIDED NOR WERE INSPECTIONS BEING CONDUCTED. C. THE STORM DRAIN OUTLET AT THE NORTHEAST OF THE DEVELOPMENT HAD BEEN DISCONNECTED DUE TO EROSION, AND THE RIPRAP, SILT FENCING, AND THE STONE BAG CHECK DAM VELOCITY DISSIPATION DEVICES AT THIS OUTFALL HAD NOT BEEN INSTALLED AND MAINTAINED. THEREFORE, RESPONDENT HAS VIOLATED SECTIONS 301 AND 402(p)OF THE CWA, BY FAILING TO COMPLY WITH PART IV.D OF THE PERMIT, AND ALSO FOR DISCHARGES NOT AUTHORIZED BY THE PERMIT.

Defendants (2)

• HILLSIDE, LLCNamed in settlement
• HILLSIDE S/D - SECTION 2Named in settlement

Facilities (2)

• HILLSIDE TERRACE SUBDIVISION

  BENJAMIN PLACE & JOSEPH CRT, MT WASHINGTON, KY, 40047

• HILLSIDE TERRACE SUBD

  BENJAMIN PLACE & JOSEPH CRT, MT WASHINGTON, KY, 40047

  Registry ID: 110042397082

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• HILLSIDE, LLC/HILLSIDE S/D - SECTION 2entered 2010-02-07

  Primary law: CWA

Timeline (3 milestones)

• 2010-02-07Final Order Issued
• 2010-02-19Enforcement Action Data Entered
• 2010-05-11Enforcement Action Closed