EPA v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (NCDOT) UPWARD ROAD-SR-1793

Case summary

9/27/12 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $15,000 DUE WITHIN 30 DAYS. ALLEGATIONS: ON MARCH 3, 2011, EPA AND NCDENR PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI). THE FOLLOWING WAS OBSERVED: A. NCDOT DID NOT IMPLEMENT THE APPROVED PLAN AS REUQIRED BY PART II.D.1.b.ii OF THE PERMIT AND PARTS I.A.1 AND II.B.1 OF THE GENERAL PERMIT. A PRE-EXISTING DRAINAGE DUTCH ON THE EAST SIDE OF CASE STREET DID NOT HAVE THE PROPER RIP RAP INSTALLATION AS PER THE PLAN; A PIPE SLOPE DRAIN NEAR HOWARD GAP ROAD AND UPWARD ROAD WAS NOT DENOTED IN THE PLAN; AND A TEMPORARY DIVERSION BETWEEN SKIMMER BASIN #1 AND #2 WAS NOT INSTALLED ACCORDING TO THE PLAN. B. NCDOT DID NOT INSTALL AND MAINTAIN BMPs AND CONTROL MEASURES TO MINIMIZE THE DISCHARGE OF POLLUTANTS AS REQUIRED BY THE PERMIT AND THE GENERAL PERMIT. PERIMETER SILT FENCING NEEDED MAINTENANCE OR REPLACEMENT NEAR THE SEDIMENT TRAP NORTH OF UPWARD ROAD, TOWARDS HOWARDS GAP ROAD, NEAR THE DRAINAGE DITCH AT THE CORNER OF 925 UPWARD ROAD, AT THE PIPE SLOPE DRAIN WEST OF UT#1 OF BAT FORK CREEK, AND AT THE DITCH NEAR CASE STREET. STABILIZATION WAS NEEDED NORTH OF UPWARD ROAD, ALONG THE DRAINAGE DITCH NEAR THE INTERSECTION OF UPWARD ROAD AND HOWARD GAP ROAD, NEAR THE CORNER OF 925 UPWARD ROAD, ALONG THE PIPE SLOPE DRAINS OPPOSITE 925 UPWARD ROAD AND WEST OF UT#1 OF BAT FORK CREEK, ALONG UPWARD ROAD, AT THE OUTFALL AND SLOPES OF THE SKIMMER BASINS, AND AT THE OUTFALL OF THE UT TO KINGS CREEK. ROCK CHECK DAM MAINTENANCE WAS NEEDED AT THE INTERSECTION OF UPWARD ROAD AND HOWARD GAP ROAD, AT THE FOOT OF PIPE SLOPE DRAIN AT 925 UPWARD ROAD, AT THE DRAINAGE DITCH LEADING INTO THE SKIMMER BASIS, AT THE SEDIMENT TRAP NEAR THE UT OF KINGS CREEK, AND AT THE DRAINAGE DITCH ALONG CASE STREET. MAINTENANCE WAS NEEDED AT THE SKIMMER BASIN BAFFLES AND THE PIPE SLOPE DRIAN WEST OF UT#1 OF BAT FORK CREEK. C. NCDOT DID NOT COMPLETE INSPECTION REPORTS AS REQUIRED. SOME OF THE INSPECTION REPORTS WERE NOT COMPLETED, INCLUDING INSPECTION REPORTS FROM NOV 2010 TO EARLY JAN 2011. D. NCDOT DID NOT TAKE ADEQUATE ACTIONS TO CONTROL THE DISCHARGE OF SEDIMENT FROM ENTERING THE RECEIVING STREAMS AS REQUIRED. SEDIMENT WAS OBSERVED IN THE UT#1 AND UT#2 OF BAT FORK CREEK AND IN THE UT OF KING CREEK. THEREFORE, RESPONDENT HAS VIOLATED CWA 301 AND 402(a) BY FAILING TO COMPLY WITH THE PERMIT AND GENERAL PERMIT, AND ALSO FOR DISCHARGES NOT AUTHORIZED BY THE PERMIT AND GENERAL PERMIT.

Defendants (2)

• NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (NCDOTNamed in complaintNamed in settlement
• UPWARD ROAD-SR-1793Named in complaintNamed in settlement

Facilities (1)

• NCSR 1783 UPWARD ROAD

  NCSR 1783 UPWARD ROAD, HENDERSONVILLE, NC, 28879

  Registry ID: 110043461615

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (NCDOT) UPWARD ROAD-SR-1793entered 2012-09-27

  Primary law: CWA

  Federal penalty: $15,000

Timeline (4 milestones)

• 2012-09-27Complaint Filed/Proposed Order
• 2012-09-27Final Order Issued
• 2012-09-28Enforcement Action Data Entered
• 2012-10-24Enforcement Action Closed