EPA v. SHELBY COUNTY, TENNESSEE - HOUSTON LEVEE ROAD IMPROVEMENT

Case summary

5/12/11 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $37,500 DUE WITHIN 30 DAYS. ON NOV 4, 2009, EPA AND TDEC CONDUCTED A COMPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI) AT THE SITE TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER IN ACCORDANCE WITH THE CWA, THE REGULATIONS PROMULGATED THEREUNDER AT 40 CFR 122.26 AND THE TDEC PERMIT. AS A RESULT OF THE CSWEI, EPA REGION 4 DETERMINED THAT STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY WAS DISCHARGED FROM THE SITE WITHIN THE MEANING OF CWA SEC 403(p) AND ITS IMPLEMENTING REGULATIONS. DURING THE CSWEI, EPA OBSERVED THE FOLLOWING: A. SHELBY COUNTY FAILED TO RETAIN A SWPPP ONSITE AND FAILED TO POST A CONTACT PHONE NUMBER IF THE SWPPP WAS LOCATED OFF-SITE IN ACCORDANCE WITH SECTIONS 3.3.1 AND 5.2 OF THE PERMIT. SHELBY COUNTY ALSO FAILED TO POST NEA THE MAIN ENTRANCE OF THE CONSTRUCTION SITE THAT IS ACCESSIBLE TO THE PUBLIC: (1) THE NOTICE OF COVERAGE WITH THE NPDES PERMIT NUMBER; (2) NAME, COMPANY NAME, EMAIL ADDRESS, PHONE NUMBER, AND ADDRESS OF THE PROJECT SITE OWNER OR LOCAL CONTACT PERSON; (3) A BRIEF DESCRIPTION OF THE PROJECT; AND (4) THE LOCATION OF THE SWPPP IF IT WAS NOT LOCATED ON-SITE, IN ACCORDANCE WITH SEC 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 WITHIN 15 DAYS 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 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 DESIGN, INSTALL, AND MAINTAIN EROSION CONTROLS, BY NOT STABLIZING THE SOILS ON THE 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. SEDIMENT DISCHARGES WERE OBSERVED IN THE UNNAMED TRIBUTARIES OF GRAYS AND MARYS CREEKS. THEREFORE, SHELBY COUNTY HAS VIOLATED SECTIONS 301 AND 402(p) OF THE CWA BY FAILING TO COMPLY WITH THE TDEC PERMIT, AND ALSO FOR DISCHARGES NOT AUTHORIZED BY THE TDEC PERMIT.

Defendants (2)

• SHELBY COUNTY, TENNESSEENamed in complaintNamed in settlement
• HOUSTON LEVEE ROAD IMPROVEMENT PROJECTNamed in complaintNamed 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 - HOUSTON LEVEE ROAD IMPROVEMENTentered 2011-05-12

  Primary law: CWA

  Federal penalty: $37,500

Timeline (5 milestones)

• 2011-05-12Complaint Filed/Proposed Order
• 2011-05-12Final Order Issued
• 2011-05-17Enforcement Action Data Entered
• 2012-01-05NPDES Closed
• 2012-01-05Enforcement Action Closed