EPA v. SHELBY COUNTY SCHOOLS / SHELBY COUNTY SCHOOLS ADMINISTRATION BUILDING

Case summary

9/10/10 - ADMIN ORDER ISSUED. ON NOV 2, 2009, EPA AND TDEC PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT SHELBY COUNTY SCHOOL'S DEVELOPMENT A. SHELBY COUNTY SCHOOLS FAILED TO RETAIN A SWPPP ONSITE AND/OR FAILED TO POST NEAR THE MAIN ENTRANCE OF THE CONSTRUCTION SITE THE LOCATION OF THE SWPPP. B. SHELBY COUNTY SCHOOLS FAILED TO MAINTAIN SUFFICIENT RECORDS PERTAINING TO MAJOR GRADING ACTIVITIES AND PERFORM PERIODIC INSPECTIONS. SPECIFICALLY, SHELBY COUNTY SCHOOLS FAILED TO DOCUMENT THE OUTFALL POINTS, VEHICLE ENTRANCE AND EXIT, SCOPE OF INSPECTIONS, AND PERSONNEL CONDUCTING INSPECTIONS. C. SHELBY COUNTY SCHOOLS FAILED TO PROPERLY OPERATE AND MAINTAIN ALL FACILITIES AND SYSTEMS OF TREATMENT AND CONTROL. SPECIFICALLY: - 1. SILT FENCES SURROUNDING DEVELOPMENT WERE NOT PROPERLY MAINTAINED. A SECTION OF THE SILT FENCE ON THE WEST SIDE HAD BEEN TOPPLED BY A FALLEN TREE. SILT FENCE IN THE OUTFALL CHANNEL HAD FAILED AND WAS IN NEED OF REPAIR. DESIGN CAPACITIES OF SOME SECTIONS OF SILT FENCING HAD BEEN REDUCED BY MORE THAN 50 PERCENT. PERMIT STATES SEDIMENT SHOULD BE REMOVED WHEN DESIGN CAPACITY HAS BEEN REDUCED BY 50 PERCENT. - 2. MANY OF THE STREET STORMWATER (SW) DRAINS AND GRATES THROUGHOUT DEVELOPMENT DID NOT HAVE SUFFICIENT PROTECTION. - 3. VELOCITY DISSIPATION DEVICES WERE NEEDED AT OUTFALLS TO PREVENT FURTHER EROSION OF THE CHANNEL WHICH WAS RESULTING IN SEDIMENT LOSS. - 4. SEDIMENT BASIN HAD NEITHER A RISER PIPE NOR AN OVERFLOW STRUCTURE INSTALLED AND DID NOT APPEAR TO BE ADEQUATELY ENGINEERED TO RETAIN SEDIMENT. - 5. EXPOSED SOIL IN SEVERAL AREAS AROUND DEVELOPMENT, INCLUDING BANKS OF SEDIMENT BASIN, WAS IN NEED OF ADD'L STABILIZATION. D. SHELBY COUNTY SCHOOLS FAILED TO PREVENT SEDIMENT DISCHARGES BY FAILING TO DESIGN, INSTALL, AND MAINTAIN EROSION CONTROLS; BY FAILING TO PROPERLY INSPECT OPERATION AND IMPLEMENT NECESSARY CORRECTIVE ACTIONS WHEN PROBLEMS WERE IDENTIFIED; BY NOT STABILIZING THE SOILS ON DEVELOPMENT; AND BY NOT CONTAINING AND/OR CONTROLLING SW RUNOFF. EVIDENCE OF SEDIMENT DISCHARGES WERE OBSERVED FROM SEDIMENT BASIN AND SW OUTFALLS #1 AND #2. SHELBY COUNTY SCHOOLS SEDIMENT DISCHARGES IMPACTED APPROX 3,000 FT OF THE UNNAMED TRIBUTARY TO GRAYS CREEK, WHICH FLOWS INTO WOLF RIVER. ORDER REQUIRES: A. IMMEDIATELY, RETAIN A SWPPP ONSITE OR POST ITS LOCATION NEAR THE MAIN ENTRANCE OF THE DEVELOPMENT. WITHIN 30 DAYS, SUBMIT A COPY OF THE SWPPP. B. IMMEDIATELY, MAINTAIN RECORDS PERTAINING TO THE DATES OF GRADING ACTIVITIES. BEGIN MAINTAINING THE NECESSARY RECORDS OF PERIODIC INSPECTIONS. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. SUBMIT COPIES OF INSPECTION REPORTS AND RECORDS OF GRADING ACTIVITIES CONTINUING FOR 3 MONTHS. C. IMMEDIATELY, BEGIN PROPERLY OPERATING AND MAINTAINING ALL FACILITIES AND SYSTEMS OF TREATMENT AND CONTROL. SPECIFICALLY, PROVIDE MAINTENANCE TO SILT FENCES TO ASSURE THEY ARE ALL PROPERLY TRENCHED, FUNCTIONING, AND WITH SEDIMENT LEVELS LESS THAN 50 PERCENT OF THEIR CAPACITY; PROVIDE THE NECESSARY PROTECTION TO STREET SW DRAINS (INCLUDING GRATES) THROUGHOUT THE DEVELOPMENT TO ASSURE MINIMUM SEDIMENT INFILTRATION; INVESTIGATE THE INSTALLATION OF ADD'L VELOCITY DISSIPATION DEVICES TO PREVENT EROSION OF THE OUTFALL CHANNEL; MAKE NECESSARY MODIFICATIONS TO SEDIMENT BASIN SO THAT IT CAN ADEQUATELY RETAIN SEDIMENT AND MINIMIZE SEDIMENT DISCHARGES; AND PROVIDE NECESSARY STABILIZATION, SEEDING, MULCHING, ETC., TO BANKS OF SEDIMENT BASIN. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT REQUIREMENT HAS BEEN MET. D. IMMEDIATELY, TAKE ALL REASONABLE STEPS TO MINIMIZE OR PREVENT ANY DISCHARGE WHICH HAS REASONABLE LIKELIHOOD OF ADVERSELY AFFECT HUMAN HEALTH OR THE ENVIRONMENT. SPECIFICALLY, ADDRESS SEDIMENT FROM BASIN AND SW OUTFALLS INTO THE UT AND GRAYS CREEK. REVIEW CURRENT SWPPP, ADDRESS DEFICIENCIES, IMPLEMENT ADD'L MEASURES, UPDATE SWPPP ACCORDINGLY. SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET.

Defendants (2)

• SHELBY COUNTY SCHOOLSNamed in settlement
• SHELBY COUNTY SCHOOLS ADMINISTRATIVE BUILDINGNamed in settlement

Facilities (1)

• SHELBY COUNTY SCHOOL ADMINISTRATION

  2800 GRAY'S CREEK DRIVE, ARLINGTON, TN, 38002

  Registry ID: 110032744476

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• SHELBY COUNTY SCHOOLS / SHELBY COUNTY SCHOOLS ADMINISTRATION BUILDINGentered 2010-09-10

  Primary law: CWA

Timeline (4 milestones)

• 2010-09-10Final Order Issued
• 2010-09-15Enforcement Action Data Entered
• 2011-01-01NPDES Closed
• 2011-01-01Enforcement Action Closed