EPA v. YDV, INC. - COMPASS POINT PHASE 2

Case summary

9/29/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: DURING THE CSWEI, THE EPA OBSERVED THE FOLLOWING: A. THE PLAN WAS NOT IMPLEMENTED AS APPROVED, AS REQUIRED BY PART I.A.2 OF THE PERMIT, SEDIMENT TRAPS ( ST ) ST-26 THROUGH ST-33 WERE NOT DENOTED IN THE APPROVED PLAN AS DISCHARGE AREAS AND/OR OUTFALLS. B. THE RESPONDENT FAILED TO PROVIDE OPERATION AND MAINTENANCE NECESSARY TO OPERATE STOMRWATER CONTROLS AT OPTIMUM EFFICIENCY, AS REQUIRED BY PART.C.1, PART 1,C.2 AND PART II.C.1 OF THE PERMIT. SILT FENCING NEAR ST-27 AND ST-31 NEEDED MAINTENANCE; A DITCH ON THE EASTERN PORTION OF POND 5 AND AN AREA EAST OF POND NEEDED STABILIZATION; AND T-27 NEEDED MAINTENANCE. C. THE RESPONDENT FAILED TO TAKE ALL REASONABLE STEPS TO MINIMIZE OR PREVENT ANY DISCHARGE IN VIOLATION OF PERMIT WHICH AHS A REASONABLE LIKELIHOOD OF ADVERSELY AFFECTING HUMAN HEALTH AND THE ENVIRONMENT, AS REQUIRED BY PART II.B.2 OF THE PERMIT. EVIDENCE OF SEDIMENT DISCHARGES WAS OBSERVED LEAVING THE DEVELOPMENT AND ENTERING THE WETLANDS NEAR ST-27. THEREFORE, THE RESPONDENT HAS VIOLATED SECTIONS 301 AND 402(p) OF THE CWA, BY FAILING TO COMPLY WITH THE NCDENR PERMIT, AND ALSO FOR DISCHARGES NOT AUTHORIZED BY THE NCDENR PERMIT.

Defendants (2)

• YDV, INC.Named in complaintNamed in settlement
• COMPASS POINTE PHASE 2Named in complaintNamed in settlement

Facilities (1)

• COMPASS POINTE PHASE 2

  OFF HIGHWAY 74, LELAND, NC, 28451

  Registry ID: 110040418045

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• YDV, INC. - COMPASS POINT PHASE 2entered 2011-09-29

  Primary law: CWA

  Federal penalty: $7,500

Timeline (4 milestones)

• 2011-09-29Complaint Filed/Proposed Order
• 2011-09-29Final Order Issued
• 2011-09-30Enforcement Action Data Entered
• 2012-02-07Enforcement Action Closed