EPA v. CK LAKEPOINTE CENTER, LLC (AFTON RIDGE PHASE III)

Case summary

12/19/2011 - ADMINISTRATIVE ORDER ISSUED. ON SEPT 1, 2011, EPA AND NCDENR PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AS THE DEVLEOPMENT. DURING THE CSWEI, EPA PROVIDED A COPY OF AN NPDES INSPECTION OBSERVATION FORM TO A REPRESENTATIVE OF EARNHARDT GRADING, INC. AS NOTED ON THE FORM AND IN THE CSWEI, THE FOLLOWING WAS OBSERVED: A. INSPECTION REPORTS WERE NOT COMPLETED EACH WEEK. THE EARNHARDT REP STATED THAT REPORTS WERE NOT FULLY FILLED OUT FOR WEEKS THAT HAD NO PRECIPITATION EVENTS. THE INSPECTION REPORTS WERE NOT MAINTAINED AT THE SITE AND DID NOT INCLUDE ALL OF THE INFO REQUIRED BY THE PERMIT. B. RAINFALL EVENTS WERE NOT MONITORED AND RAINFALL LOGS WERE NOT KEPT, AS REQUIRED BY THE PERMIT. ORDER REQUIRES: A. IMMEIDATELY INSTITUTE AN INSPECTION PROGRAM TO ENSURE INSPECTIONS ARE CONDUCTED EVERY 7 DAYS, REGARDLESS OF THE OCCURRENCE OF A PRECIPITATION EVEJNT, AND AFTER EVERY 0.5-INCH PRECIPITATION EVENT. INSPECTION REPORTS SHALL BE FULLY COMPLETED AND INCLUDE ALL REQUIRED INFO. ALSO, THE INSPECTION REPORTS SHALL INCLUDE ANY CORRECTIVE ACTIONS NEEDED AND THE DATES THE CORRECTIE ACTIONS WERE COMPLETED. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THIS INSPECTION PROGRAM HAS BEEN INSTITUTED. SUBMIT COPIES OF ALL INSPECTION REPORTS FOR 90 DAYS. B. IMMEDIATELY, RECORD PRECIPITATION DAILY. ON DAYS WITH NO PRECIPITATION, RECORD ZERO IN THE RAIN LOG. INCLUDE PRECIPITATION INFO ON EVERY INSPECTION REPORT. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS INSPECTION PROGRAM HAS BEEN INSTITUTED. SUBMIT COPIES OF ALL INSPECTION REPORTS FOR 90 DAYS.

Defendants (1)

• CK LAKEPOINTE CENTER, LLCNamed in settlement

Facilities (1)

• AFTON RIDGE PHASE III

  GOODMAN ROAD, KANNAPOLIS, NC, 28027

  Registry ID: 110044224620

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• CK LAKEPOINTE CENTER, LLC (AFTON RIDGE PHASE III)entered 2011-12-19

  Primary law: CWA

Timeline (3 milestones)

• 2011-12-19Final Order Issued
• 2011-12-28Enforcement Action Data Entered
• 2012-04-20Enforcement Action Closed