EPA v. SHELBY COUNTY, TENNESSEE (SHELBY COUNTY HOUSTON LEVEE ROAD IMPROVEMENT)

Case summary

4/6/10 - ADMINISTRATIVE ORDER ISSUED. ON NOV 4, 2009, EPA IN CONJUNCTION WITH TDEC, CONDUCTED A COMPLIANCE STORM WATER EVLUATION INSPECTION (CSWEI) AT HOUSTON LEVEE ROAD (SITE) TO EVALUATE THE TREATMENT AND DISPOSAL OF STORM WATER IN ACCORDANCE WITH THE CWA, THE REGULATIONS PROMULGATED THEREUNDER AT 40 CFR 122.26 AND THE TDEC PERMIT. DURING THE CSWEI, EPA OBSERVED THE FOLLOWING: A. SHELBY COUNTY FAILED TO RETAIN A SWPPP ON-SITE AND FAILED TO POST A CONTACT PHONE NUMBER IF THE SWPPP IS LOCATED OFF-SITE IN ACCORDANCE WITH SECTIONS 3.3.1 AND 5.2 OF THE PERMIT. SHELBY COUNTY ALSO FAILED TO POST NEAR THE MAIN ENTRANCE OF THE CONTRACTION SITE THAT IS ACCESSIBLE TO THE PUBLIC: (1) THE NOTICE OF COVERAGE WITH THE NPDES PERMIT NUMBER; (2) NAME, COMPANY NAME, EMAIL ADDRESS (IF AVAILABLE), PHONE NUMBER, AND ADDRESS OF THE PROJECT SITE OWNER OR LOCAL CONTACT PERSON; (3) BRIEF DESCRIPTION OF THE SITE; AND (4) LOCATION OF THE SWPPP IF IT IS NOT LOCATED ON-SITE, IN ACCORDANCE WITH SECTION 3.3.2 OF THE PERMIT. B. SHELBY COUNTY FAILED TO DESIGN AND IMPLEMENT EROSION PREVENTION AND SEDIMENT CONTROLS IN ACCORDANCE WITH SECTIONS 3.5.3.1 AND 6.14 OF THE PERMIT. SILT FENCES THROUGHOUT THE SITE WERE NOT MAINTAINED, THE MAJORITY OF THE CULVERTS WERE NOT PROTECTED, EROSION CONTROLS WERE NOT ESTABLISHED, AND THE SITE WAS NOT STABILIZED 15 OF DISTURBANCE. C. SHELBY COUNTY FAILED TO ESTABLISH PROPER ENTRANCE/EXIT CONTROLS AS TO PREVENT OFF-SITE VEHICLE TRACKING OF SEDIMENTS AND THE GENERATION OF DUST, IN ACCORDANCE WITH SECTION 3.5.5 OF THE PERMIT. D. SHELBY COUNTY FAILED TO CONDUCT INSPECTIONS AT LEASE TWICE EVERY CALENDAR WEEK, FAILED TO MAINTAIN INSPECTION DOCUMENTATION ON-SITE, AND FAILED TO KEEP COPIES OF THE INSPECTOR CERTIFICATION OR TRAINING RECORDS ON-SITE, IN ACCORDANCE WITH SECTIONS 3.5.8.1 AND 3.5.8.2 OF THE PERMIT. E. SHELBY COUNTY FAILED TO PREVENT SEDIMENT DISCHARGES INTO THE UNNAMED TRIBUTARIES OF GRAYS AND MARYS CREEKS BY FAILING TO DESIGN, INSTALL, AND MAINTAIN EROSION CONTROLS, BY NOT STABILIZING THE SOILS ON TEH SITE, AND BY NOT CONTAINING AND/OR CONTROLLING STORM WATER RUN-OFF, AS REQUIRED BY SECTIONS 4.3.2 AND 6.4 OF THE PERMIT. ORDER REQUIRES: A. IMMEDIATELY, RETAIN A SWPPP ONSITE AND POST A CONTACT PHONE NUMBER IF THE SWPPP IS LOCATED OFF SITE. ALSO, TO POST NEAR THE MAIN ENTRANCE OF THE CONSTRUCTION SITE THAT IS ACCESSIBLE TO THE PUBLIC: (1) NOTICE OF COVERAGE WITH THE NPDES PERMIT NUMBER; (2) NAME, COMPANY NAME, EMAIL ADDRESS (IF AVAILABLE), PHONE NUMBER, AND ADDRESS OF THE PROJECT SITE OWNER OR LOCAL CONTACT PERMIT; (3) A BRIEF DESCRIPTION OF THE PROJECT; AND (4) LOCATION OF THE SWPPP IF IT IS NOT LOCATED ON SITE. WITHIN 30 DAYS, SUBMIT A COCPOY OF THE SITE SWPPP AND PHOTS TO SHOW THAT THIS REQUIREMENT HAS BEEN MET. B. IMMEDIATELY, DESIGN AND IMPLEMENT EROSION PREVENTION AND SEDIMENT CONTROLS. SILT FENCES THROUGHOUT THE SITE MUST BE MAINTAINED AND CULVERTS MUST BE PROTECTED AS TO PREVENT EROSION. DISTURBED AREAS OF THE SITE MUST BE STABILIZED. WITHIN 30 DAYS, SUBMIT DOCUMENTATION, INCLUDING PHOTOS, THAT THIS REQUIRMENT HAS BEEN MET. C. IMMEDIATELY, ESTABLISH PROPER ENTRANCE/EXIT CONTROLS AS TO PREVENT OFF SITE VEHICLE TRACKING OF SEDIMENTS AND THE GENERATION OF DUST. WITHIN 30 DAYS, INCLUDING PHOTOS THAT THIS REQUIREMENT HAS BEEN MET. D. IMMEDIATELY, CONDUCT INSPECTIONS AT LEAST TWICE EVERY CALENDAR WEEK AND MAINTAIN INSPECTION DOCUMENTATION AND INSPECTOR CERTIFICATION OR TRAINING RECORDS ON SITE. WITHIN 30 DAYS, SUBMIT COPIES OF THE SITE INSPECTION REPORTS FOR OCT, NOV AND DEC 2009. E. IMMEDIATELY, PREVENT SEDIMENT DISCHARGES INTO THE UNNAMED TRIBUTARIES OF GRAY'S AND MARY'S CREEKS BY PROTECTING THE AREAS ADJACENT TO THE CULVERTS; BY STABILIZING THE SOILS ON THE SITE; AND BY CONTAINING AND/OR CONTROLLING STORM WATER RUN-OFF. WITHIN 30 DAYS, SUBMIT DOCUMENTATION, INCLUDING PHOTOS, THAT THIS REQUIREMENT HAS BEEN MET.

Defendants (1)

• SHELBY COUNTY, TENNESSEENamed in settlement

Facilities (1)

• HOUSTON LEVEE ROAD IMPROVEMENT

  HOUSTON LEVEE ROAD, MEMPHIS, TN, 38018

  Registry ID: 110040434287

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• SHELBY COUNTY, TENNESSEE (SHELBY COUNTY HOUSTON LEVEE ROAD IMPROVEMENT)entered 2010-04-06

  Primary law: CWA

Timeline (4 milestones)

• 2010-04-06Final Order Issued
• 2010-05-06Enforcement Action Data Entered
• 2012-01-05Enforcement Action Closed
• 2012-01-05NPDES Closed