EPA v. SULLIVAN & CHASE COMMERCIAL PROPERTIES - SOUTH MEDICAL COLLEGE

Case summary

09/22/2011 - ADMINISTRATIVE ORDER ISSUED. ON MARCH 1, 2011, EPA AND NCDENR PERFORM A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI). DURING THE CSWEI, EPA OBSERVED: A. THE PLAN WAS NOT IMPLEMENTED AS APPROVED AND DID NOT NOTE PLAN DEVIATIONS AS REQUIRED BY THE PERMIT. CONTROL MEASURES TO BLOCK OFF THE PREEXISTING CONSTRUCTION ENTRANCE/EXIT ON THE NORTHERN PERIMETER OF THE SITE NEAR SWEETEN CREEK ROAD WERE NOT INSTALLED PROPERLY; 3 DISCHARGE OUTFALL LOCATIONS WERE OBSERVED DURING THE INSPECTION THAT WERE NOT ON THE PLAN. 2 OF THESE OUTFALLS DISCHARGED TO THE UNNAMED TRIBUTARY TO SWEETEN CREEK ON THE NORTHERN PERIMETER OF THE SITE AND 1 DISCHARGED ALONG THE EASTERN PERIMETER OF THE DEVELOPMENT. B. BUILDING WASTE MATERIAL WAS NOT PROPERLY DISPOSED OF AS REQUIRED BY THE PERMIT. CONSTRUCTION DEBRIS WAS OBSERVED MIXED IN WITH A SOIL STOCKPILE ON THE EASTERN PORTION OF THE DEVELOPMENT. C. INSPECTION RECORDS WERE NOT MAINTAINED ON SITE BY THE PERMITTEE AS REQUIRED. HOWEVER INSPECTION REPORTS PROVIDED VIA E-MAIL INDICATED THAT INSPECTIONS COMMENCED ON JAN 1, 2011. D. BMPs WERE NOT INSTALLED AND MAINTAINED AND CONTROL MEASURES DID NOT MINIMIZE THE DISCHARGE OF POLLUTANT AS REQUIRED BY THE PERMIT. SPECIFICALLY, PERIMETER SILT FENCING WAS OBSERVED IN NEED OF MAINTENANCE OF THE NORTHERN, SOUTHERN, AND EASTERN SECTIONS OF THE DEVELOPMENT INLET PROTECTION WAS IN NEED OF MAINTENANCE ON THE NORTHER AND EASTERN SECTIONS OF THE DEVELOPMENT; STABILIZATION WAS NEEDED ALONG THE BANKS OF THE UNNAMED TRIBUTARY TO SWEETEN CREEK; THE OPERATION OF THE PRE-EXISTING ENTRANCE/EXIT WAS IN NEED OF MAINTENANCE TO PREVENT WORK VEHICLES FROM TRACKING SEDIMENT ONTO ROBERTS ROAD, AND 3 SEDIMENT BASINS (TRAPS) WERE OBSERVED IN NEED OF MAINTENANCE, 2 ON THE NORTHERN AND 1 ON THE SOUTHWESTERN PORTION OF THE DEVELOPMENT. E. ACTIONS TO CONTROL THE DISCHARGE OF SEDIMENT FROM ENTERING THE RECEIVING STREAMS WERE NOT TAKEN AS REQUIRED BY THE PERMIT. SPECIFICALLY, 2 OUTFALLS WERE OBSERVED ON THE NORTHERN PORTION OF THE DEVELOPMENT WITH EVIDENCE OF SEDIMENT DISCHARGES INTO THE UNNAMED TRIBUTARY OF SWEETEN CREEK. UNPERMITTED DISCHARGES WERE OBSERVED WHERE SEDIMENT HAD BREACHED THE SILT FENCING ON THE NW CORNER AND IN THE CULVERT AREA PARALLEL TO ROBERTS ROAD. ORDER REQUIRES: A. IMMEDIATELY, IMPLEMENT THE APPROVED PLAN AND MODIFY THE PLANS AS NECESSARY TO DENOTE DEVIATIONS. INSTALL APPROPRIATE CONTROL MEASURES TO CLOSE THE PRE-EXISTING ENTRANCE/EXIT AND PREVENT VEHICLE ENTRY; AND MODIFY THE PLAN TO DENOTE THE 3 DISCHARGE LOCATIONS OBSERVED DURING THE CSWEI. WITHIN 30 DAYS, SUBMIT DOCUMENTATION, INCLUDING PHOTOS, THAT THIS REQUIREMENT HAS BEEN MET. B. IMMEDIATELY, PROPERLY DISPOSE OF CONSTRUCTION WASTE MATERIAL THAT WAS MIXED IN WITH SOIL STOCKPILED ON THE ON THE EASTERN PORTION OF THE DEVELOPMENT. WITHIN 30 DAYS, SUBMIT DOCUMENTATION, INCLUDING PHOTOS, THAT THIS REQUIREMENT HAS BEEN MET. C. IMMEDIATELY, MAINTAIN INSPECTION RECORDS ONSITE AT ALL TIMES. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. D. IMMEDIATELY, CONDUCT MAINTENANCE ON PERIMETER SILT FENCING ON THE NORTHERN, SOUTHERN, AND EASTERN SECTIONS OF THE DEVELOPMENT; CONDUCT MAINTENANCE ON INLET PROTECTION ON THE NORTHER AND EASTERN SECTIONS; INITIATE STABILIZATOIN ALONG THE BANKS OF THE UNNAMED TRIBUTARY TO SWEETEN CREEK; INSTALL APPROPRIATE CONTROL MEASURES AT THE PREEXISTING ENTRANCE/EXIT TO PREVENT VEHICLE SITE ENTRY; CONDUCT MAINTENANCE ON THE 3 IDENTIFIED SEDIMENT BASINS; AND INITIATE STABILIZATION MEASURES ONSITE WITHIN 14 DAYS IN AREAS WHERE CONSTRUCTION HAS CEASED. WITHIN 30 DAYS, SUBMIT DOCUMENTATION, INCLUDING PHOTOS, THAT THIS REQUIREMENT HAS BEEN MET. E. IMMEDIATELY, CEASE ALL UNPERMITTED DISCHARGES AND TAKE ACTIONS TO CONTROL FUTURE DISCHARGES OF SEDIMENT FROM ENTERING SWEETEN CREEK, AND INTO THE UNNAMED TRIBUTARY OF SWEETEN CREEK. WITHIN 30 DAYS, SUBMIT DOCUMENTATION, INCLUDING PHOTOS, THAT THIS REQUIREMENT HAS BEEN MET.

Defendants (2)

• SULLIVAN & CHASE COMMERCIAL PROPERTIES
• SOUTH MEDICAL COLLEGENamed in settlement

Facilities (1)

• SOUTH MEDICAL COLLEGE

  139 SWEETEN CREEK ROAD, ASHEVILLE, NC, 28803

  Registry ID: 110043461633

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• SULLIVAN & CHASE COMMERCIAL PROPERTIES - SOUTH MEDICAL COLLEGEentered 2011-09-22

  Primary law: CWA

Timeline (3 milestones)

• 2011-09-22Final Order Issued
• 2011-09-24Enforcement Action Data Entered
• 2012-01-01Enforcement Action Closed