EPA v. YDV INC. - COMPASS POINTE, PHASE 3

Case summary

9/29/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: DURING THE COMPLIANCE STORMWATER EVALUATION INSPECTION ( CSWEI ), THE EPA OBSERVED THE FOLLOWING: A. THE PLAN WAS NOT IMPLEMENTED AS APPROVED, AS REQUIRED BY PART I.A.2 OF THE PERMIT. THE EARTHEN BERM ON THE SOUTHEASTERN PORTION OF THE DEVELOPMENT, AND SEDIMENT TRAPS 11 THROUGH 18, WERE NOT DENOTED ON THE PLAN. B. THE RESPONDENT FAILED TO PROVIDE OPERATION AND MAINTENANCE NECESSARY TO OPERATE STORMWATER CONTROLS AT OPTIMUM EFFICIENCY, AS REQUIRED BY PART I.C.1, PART I.C.2, AND PART II.C.1 OF THE PERMIT. MAINTENANCE WAS NEEDED SILT FENCING AS MISSING BESIDE THE EARTHEN BERM ALLOWING DISCHARGES INTO A WETLAND AREA BESIDE POND 2; SILT FENCING OVERTOPPED WITH SEDIMENT ALLOWING DISCHARGES INTO A WETLAND AREA BREACHING SILT FENCING NEAR SEDIMENT TRAP 12 AND ENTERING A NEARBY WETLAND; AND SEDIMENT TRAPS 11-13, 16 AND 18. THE AREA BEHIND THE LIFT STATION, PROPOSED POND 4 BEHIND LOTS 10-23 AND THE EARTHEN BERM ON THE SOUTHEASTERN PORTION OF THE DEVELOPMENT NEEDED STABILIZATION. C. THE RESPONDENT FAILED TO TAKE ALL REASONABLE STEPS TO MINIMIZE OR PREVENT ANAY DISCHARGE IN VIOLATION OF THE 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 WERE OBSERVED LEAVING THE DEVELOPMENT AND ENTERING WETLANDS NEAR THE EARTHEN BERM ON THE SOUTHEASTERN PORTION OF THE DEVELOPMENT; MISSING SILT FENCING BESIDE THE EARTHEN BERM WERE ALLOWING DISCHARGES INTO THE WETLANDS JUST EAST OF POND 2; SILT FENCING OVERTOPPED WITH SEDIMENT ERE ALLOWING DISCHARGES INTO THE WETLANDS BESIDE POND 2; AND SEDIMENT WAS BREACHING SILT FENCING NEAR SEDIMENT TRAP 12 AND ENTERING A WETLANDS NEARBY. THEREFORE, THE RESPONDENT HAS VIOLATED 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 POINT PHASE 3Named in complaintNamed in settlement

Facilities (1)

• COMPASS POINTE PHASE 3

  OFF HIGHWAY 74, LELAND, NC, 28451

  Registry ID: 110040418045

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• YDV INC. - COMPASS POINTE, PHASE 3entered 2011-09-29

  Primary law: CWA

  Federal penalty: $6,500

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