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

Case summary

12/29/10 - ADMINISTRATIVE ORDER ISSUED. AT ALL TIMES RELEVANT TO THIS ACTION, MARION RETAIL INVESTMENTS, LLC OWNED AND/OR OPERATED A CONSTRUCTION SITE KNOWN AS GRANDVIEW STATION. ON SEPT 28, 2010, EPA AND NCDENR PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT THE DEVELOPMENT. DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: A. MARION RETAIL INVESTMENTS, LLC, FAILED TO PROVIDE ADEQUATE OPERATION AND MAINTENANCE. THE FOLLOWING EROSION CONTROL O&M ISSUES 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 WET AND MUDDY; SILT FENCING AND HAY BALES DID NOT PREVENT SEDIMENT FROM TRACKING OFF SITE. THE LACK OF MAINTENANCE OF THESE CONTROLS RESULTED IN SEDIMENT BEING DISCHARGED. B. MARION RETAIL INVESTMENTS, LLC FAILED TO PROVIDE STABILIZATION TO THE SLOPES OF SEDIMENT BASIN #3. THE LACK OF STABILIZATION PERMITTED EROSION GULLIES ON THE SLOPES OF SEDIMENT BASIN #3, CONTRIBUTING TO THE SEDIMENT LOAD. C. MARION RETAIL INVESTMENTS, LLC FAILED TO INCLUDE NOTICE OF OFF-SITE SEDIMENTATION IN ITS INSPECTION REPORT FOR SEPT 27, 2010. EPA'S CSWEI DISCOVERED BETWEEN 8 AND 12 INCHES OF SEDIMENT DEPOSITED IN THE UNNAMED TRIBUTARY TO NORTH MUDDY CREEK. THEREFORE, MARION VIOLATED CWA SEC 301 AND 402(p) BY FAILING TO COMPLY WITH THE NCDENR PERMIT AND ALSO FOR DISCHARGES NOT AUTHORIZED BY THE NCDENR PERMIT. ORDER REQUIRES: A. IMMEDIATELY PROVIDE O&M TO EROSION CONTROL STRUCTURES INSTALLED AT THE DEVELOPMENT. SPECIFICALLY, MAINTAIN SILT FENCING THROUGHOUT THE SITE, PROPERLY INSTALL PIPE SLOPE DRAINS IN A DITCH BETWEEN BASIN #2 AND BASIN #3, MAINTAIN THE DITCHES ALONG THE CONSTRUCTION ROAD, MAINTAIN CHECK DAMS, WITHIN THE DITCHES IN ORDER FOR THEM TO OPERATE PROPERLY, AND PROVIDE STABILIZATION ON THE SLOPE OF BASIN #3 AND/OR AREAS THROUGHOUT THE SITE. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. B. IMMEDIATELY, ENSURE THAT INSPECTIONS INCLUDE AN EXPLANATION OF CORRECTIVE MEASURES TAKEN TO ADDRESS SEDIMENT DISCHARGES, MEASURES TAKEN TO CONTROL FUTURE RELEASES, AND MEASURE TAKEN TO CLEAN UP SEDIMENT BEYONE THE DISTURBED LIMITS. IN ADDITION, TAKE CORRECTIVE ACTION FOR SEDIMENT DISCHARGES FROM BASINS #1, #2, AND #3 TO RETURN THE DEVELOPMENT TO COMPLIANCE WITH PARTS I.C.1, II.B.1, AND II.B.2 OF THE PERMIT. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET.

Defendants (1)

• MARION RETAIL INVESTMENTS, LLCNamed 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 2010-12-29

  Primary law: CWA

Timeline (3 milestones)

• 2010-12-29Final Order Issued
• 2011-01-01Enforcement Action Closed
• 2011-01-06Enforcement Action Data Entered