EPA v. RYAN RIDGE PROPERTIES, LLC (RYAN RIDGE SUBDIVISION)

Case summary

8/31/2011 - ADMINISTRATIVE ORDER ISSUED. ON FEB 8, 2011, EPA AND ADEM PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION AT RYAN RIDGE'S DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER AT THE DEVLEOPMENT IN ACCORDANCE WITH THE CWA, THE REGS PROMULGATED AT 40 CFR 122.26 AND THE ADEM PERMIT REGS. THE FOLLOWING WAS OBSERVED DURING THE CSWEI: A. A DISCHARGE WHICH RESULTED IN THE ACCUMULATION OF SEDIMENT DOWNSTREAM OF THE OUTFALL FROM SEDIMENTAITON POND #1 AND IN THE UNNAMED TRIBUTARY OF JENKINS CREEK IN VIOLATION OF PARTS 335-6-12-.06(4), 335-6-12-.21(2)(b)3, 335-6-12-.35(10)(a) AND 335-6-12-.35(11)(a) OF THE PERMIT REGS. B. APPROPRIATE BMPs WERE NOT PROPERLY INSTALLED AND MAINTAINED, INCLUDING STABILIZATION MEASURES A REQUIRED BY PARTS 335-6-12.06(3), 335-6-12-.21(3), 335--6-12-.21(5)(a), 335-6-12-.21(5)(b), 335-6-12-.21(11)(d), 335-6-12-.26(2) AND 335-6-12-.35(1) OF THE PERMIT REGS. C. REQUIRED RECORDS, INCLUDING COPIES OF THE NOR, CBMPP AND INSPECTION REPORTS, WERE NOT KEPT ONSITE OR AT AN EASILY ACCESSIBLE LOCATION AS REQUIRED BY PARTS 335-6-12-.15(2) AND 335-6-12-.28(2) OF THE PERMIT REGS. IN RESPONSE TO EPA'S CSWEI REPORT, RYAN RIDGE COMPLETED THE FOLLOWING: STABILIZED AREAS OF THE STIE NOT UNDERGOING ACTIVE CONSTRUCTION BY SEEDING, MULCHING AND APPLYING EROSION CONTROL BLANKETS; INSTALLED ADDITIONAL AND MAINTAINED EXISTING SELT FENCING; REPAIRED EROSION DAMAGE ON THE BANKS OF THE UNNAMED TRIBUTARY; AND INSTALLED ADDITIONAL RIP RAP AT OUTFALLS AND ENDS OF DRAINAGE PIPES. THIS WORK WAS PERFORMED THE FIRST WEEK OF MAY 2011. RYAN RIDGE ALSO SUBMITTED A WRITTEN RESPONSE TO THE EPA'S CSWEI REPORT AND OPPORTUNITY TO SHOW CAUSE NOTICE ON MAY 12, 2011. RYAN RIDGE PROVIDED ADDITIONAL INFO, INCLUDING A COPY OF THE CBMPP, DURING A SHOW CAUSE MEETING JUNE 16, 2011. UPON REVIEW, THE ADDITIONAL VIOLATIONS WERE NOTED: A. CBMPP PROVIDED TO EPA DID NOT DEFINE ALL AREAS OF THE SITE. SIGNIFICANT PORTIONS OF THE SITE, INCLUDING THE UNNAMED TRIBUTARY OF JENKINS CREEK AND THE CORRESPONDING BMPs WERE NOT SHOWN ON THE CBMPP AS REQUIRED BY THE PERMIT REGS. REVISIONS OT THE CBMPP WERE ALSO NOT DOCUMENTED. B. SEVERAL DEFICIENCIES WERE NOTED IN THE SELF-INSPECTION REPTS MONTH AFTER MONTH. THE REPTS CONSISTENTLY STATED THAT ADD'L BMPs INCLUDING GRASSING, MULCHING AND INLET PROTECTION NEED TO BE INSTALLED AND MAINTAINED TO PREVENT FURTHER SEDIMENTATION. DEFICIENCIES IN INSPECTION REPTS SHOULD BE ADDRESSED IN A TIMELY MANNER. ALTHOUGH COMPLETED INSPECTOIN REPORTS MUST BE SIGNED BY THE CERTIFIED INSPECTOR AND THE REGISTRANT RESPONSIBLE OFFICIAL, SOME OF THE INSPECTION REPTS WERE NOT SIGNED OR WERE SIGNED MONTHS AFTER THE INSPECTION WAS PERFORMED. C. COMPLETE AND COMPREHENSIVE INSPECTIONS WERE NOT PERFORMED AFTER ALL PRECIPITATION EVENTS OF 0.75 INCHES OR GREATER IN ANY 24-HOUR PERIOD SINCE THE LAST INSPECTION AS REQUIRED. ORDER REQUIRES: CONTINUE TO TAKE ALL REASONABLE STEPS TO PREVENT AND/OR MINIMIZE ANY DISCHARGE OF SEDIMENT INTO THE UNNAMED TRIBUTARY OF JENKINS CREEK. RESPONDENT SHALL TAKE PHOTOGRAPHS 15 DAYS AND 30 DAYS AFTER RECEIPT OF THIS ORDER OF THE SLOPE AT OUTFALL OF POND 1 AND PROVIDE ANY OTHER RELEVANT DOCUMENTATION TO SHOW THE CONTINUED COMPLIANCE OF THIS AREA. SUBMIT PHOTOS TO EPA. UPDATE CMBPP TO INCLUDE ALL PORTIONS OF THE SITE AND CURRENT SITE CONDITIONS. INCLUDE ALL ADD'L BMPs THAT HAVE BEEN ADDED TO THE SITE. MAINTAIN A LOG LISTING ALL REVISIONS MADE TO THE CBMPP. SUBMIT A COPY OF THE UPDATED CBMPP WITHIN 30 DAYS. UPDATE INSPECTION REPORT TO ENSURE DEFICIENCIES NOTED ON INSPECTED REPORTS ARE ADDRESSED WITHIN 7 DAYS AND THOROUGH SITE INSPECTIONS ARE PERFORMED AFTER ANY PRECIPITATION EVENT OF .75 INCHES OR GREATER IN ANY 24 HR PERIOD SINCE THE LAST INSPECTION. ALSO, ENSURE THAT BOTH THE QUALIFIED INSPECTOR AND THE REGISTRANT'S RESPONSIBILE OFFICIAL SIGN AND DATE THE INSPECTION REPORTS. FOR ANY INSPECTION PERFORMED IN THE 3 MONTHS FOLLOWING RECEIPT OF THIS ORDER.

Defendants (2)

• RYAN RIDGE PROPERTIES, LLCNamed in complaintNamed in settlement
• RYAN RIDGE SUBDIVISIONNamed in complaintNamed in settlement

Facilities (1)

• RYAN RIDGE SUBDIVISION

  RYAN ROAD, MONTGOMERY, AL, 36117

  Registry ID: 110043275942

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• RYAN RIDGE PROPERTIES, LLC (RYAN RIDGE SUBDIVISION)entered 2011-08-31

  Primary law: CWA

Timeline (4 milestones)

• 2011-08-31Final Order Issued
• 2011-09-09Enforcement Action Data Entered
• 2012-04-27NPDES Closed
• 2012-04-27Enforcement Action Closed