EPA v. MARION RETAIL INVESTMENTS, LLC (GRANDVIEW STATION)

Case summary

9/22/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $9,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: ON SEPTEMBER 28, 2010, REPRESENTATIVES OF COMPLAINANT, IN CONJUNCTION WITH NCDENR, PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION ( CSWEI ) AT THE DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER IN ACCORDANCE WITH THE CWA, THE REGULATIONS PROMULGATED THEREUNDER AT 40 CODE OF FEDERAL REGULATIONS ( C.F.R ) SECTION 122.26, AND THE PERMIT. AS RESULT OF THE CSWEI COMPLAINANT HAS DETERMINED THAT RESPONDENT DISCHARGED STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY FROM ITS DEVELOPMENT WITHIN THE MEANING OF SECTION 402(p) OF 33 U.S.C. SECTION 1342(p), ITS IMPLEMENTING REGULATIONS, AND THE PERMIT. DURING THE CSWEI, COMPLAINANT OBSERVED THE FOLLOWING: A. THE FOLLOWING EROSION CONTROL OPERATION AND MAINTENANCE ISSUED WERE NOTED: (1) THE DITCH ALONG THE CONSTRUCTION ROAD HAD RILL EROSION ALONG THE SLOPES; (2) PIPE SLOPE DRAINS WERE NOT INSTALLED PROPERLY IN A DITCH BETWEEN SEDIMENT BASIN #2 AND #3; AND (3) THE CHECK DAMS IN THE DRAINAGE DITCHES WERE MORE THAN HALF FULL OF SEDIMENT. SOME AREAS ON THE SOUTH SIDE OF THE SITE WERE VERY AND MUDDY; SILT FENCING AND HAY BALES DID NOT PREVENT SEDIMENT FROM TRACKING OFF SITE. B. THE SLOPES ON SEDIMENT BASIN #3 WERE STABILIZED AS REQUIRED BY PART I.C.1 AND PART II.B.2 OF THE PERMIT. THE LACK OF STABILIZATION PERMITTED EROSION GULLIES ON THE SLOPES OF SEDIMENT BASIN #3. C. RESPONDENT FAILED TO INCLUDE NOTICE OF OFF-SITE SEDIMENTATION IN ITS INSPECTION REPORT FOR SEPTEMBER 27, 2010, AS REQUIRED BY PART I.B.6 OF THE PERMIT. COMPLAINANT'S CSWEI DISCOVERED SEDIMENT DEPOSITED IN THE UNNAMED TRIBUTARY TO NORTH MUDDY CREEK. A DISCHARGE OF SEDIMENT INTO THE RECEIVING STREAM IS PROHIBITED BY PART I.C.1, PART II.B.1, AND PART II.B.2 OF THE PERMIT. RESPONDENT VIOLATED SECTIONS 301 AND 402(p) OF THE CWA, 33 U.S.C. SECTIONS 1311 AND 1342(p), BY FAILING TO COMPLY NCDENR PERMIT AND ALSO FOR DISCHARGES NOT AUTHORIZED BY THE NCDENR PERMIT. RESPONDENT HAS UNDERTAKEN CORRECTIVE ACTIONS WHICH ADDRESSED THE CONDITIONS NOTED ABOVE.

Defendants (2)

• MARION RETAIL INVESTMENTS, LLCNamed in complaintNamed in settlement
• GRANDVIEW STATIONNamed in complaintNamed in settlement

Facilities (1)

• GRANDVIEW STATION (WALMART)

  NE CORNER OF I-40 AND SUGAR HILL ROAD, MARION, NC, 28752

  Registry ID: 110042348670

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• MARION RETAIL INVESTMENTS, LLC (GRANDVIEW STATION)entered 2011-09-22

  Primary law: CWA

  Federal penalty: $9,000

Timeline (4 milestones)

• 2011-09-22Final Order Issued
• 2011-09-22Complaint Filed/Proposed Order
• 2011-09-24Enforcement Action Data Entered
• 2011-10-26Enforcement Action Closed