EPA v. MEMPHIS, TN, CITY OF (APPLING/I-40 NW PLANNED DEVELOPMENT)

Case summary

4/6/10 - ADMINISTRATIVE ORDER ISSUED. ON NOV 4, 2009, EPA IN CONJUNCTION WITH TDEC CONDUCTED A COMPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI) AT THE DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER. DURING THE CSWEI, EPA OBSERVED THE FOLLOWING: A. THE CITY OF MEMPHIS FAILED TO RETAIN A SWPPP ON-SITE AS REQUIRED BY SECTIONS 3.3.1 AND 5.2 OF THE PERMIT. B. THE CITY OF MEMPHIS 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. D. THE CITY OF MEMPHIS 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. E. THE CIYT OF MEMPHIS FAILED TO PREVENT SEDIMENT DISCHARGES INTO FLETCHER CREEK BY FAILING TO DESIGN, INSTALL, AND MAINTAIN EROSION CONTROLS; BY NOT STABILIZING THE SOILS ON THE DEVELOPMENT; 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 ON-SITE. WITHIN 30 DAYS, SUBMIT A COPY OF THE DEVELOPMENT'S SWPPP. B. IMMEDIATELY, DESIGN AND IMPLEMENT EROSION PREVENTION AND SEDIMENT CONTROLS ON THE DEVELOPMENT. SILT FENCES THROUGHOUT THE DEVELOPMENT MUST BE MAINTAINED AND STROMWATER INLETS MUST BE PROTECTED. DISTURBED AREAS OF THE DEVELOPMENT MUST BE STABILIZED. WITHIN 30 DAYS, SUBMIT DOCUMENTATION, INCLUDING PHOTOS, THAT THIS REQUIREMENT 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, SUBMIT DOCUMENTATION, INCLUDING PHOTOGRAPHS, THAT THIS REQUIREMENT HAS BEEN MET. D. IMMEDIATELY, PREVENT SEDIMENT DISCHARGES INTO FLETCHER CREEK BY MAINTAINING SILT FENCES, PROTECTING THE STORMWATER INLETS, BY STABLIZING THE SOILS ON THE DEVELOPMENT; AND BY CONTAINING AND/OR CONTROLLING STORM WATER RUN-OFF. WITHIN 30 DAYS, SUBMIT DOCUMENTATION, INCLUDING PHOTOGRAPHS, THAT THIS REQUIREMENT HAS BEEN MET.

Defendants (1)

• MEMPHIS, TN, CITY OFNamed 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 NW PLANNED DEVELOPMENT)entered 2010-04-06

  Primary law: CWA

Timeline (4 milestones)

• 2010-04-06Final Order Issued
• 2010-05-07Enforcement Action Data Entered
• 2012-01-05NPDES Closed
• 2012-01-05Enforcement Action Closed