EPA v. EDGEWOOD TOWNHOMES, LP / EDGEWOOD TOWNHOMES AT HUTCHINSON STREET

Case summary

12/7/11 - ADMINISTRATIVE ORDER ISSUED. STORMWATER MONITORING RESULTS EDGEWOOD SUBMITTED TO EPA ON NOV 30, 2011, DOCUMENTED DISCHARGES EXCEEDING THE 75 NTU STANDARD ON 10/19/11, 11/3/11, 11/16/11, 11/23/11, 11/28/11 AT OUTFALL NUMBER 1 AND 11/28/11 AT OUTFALL NUMBER 3. THEREFORE, THE EXISTING BMPs ONSITE ARE NOT EFFECTIVE IN MEETING HE 75 NTU STANDARD AS SPECIFIED IN THE PERMIT. PART IV.D OF THE PERMIT REQUIRES THE EROSION, SEDIMENTATION AND POLLUTION PLAN TO IDENTIFY THE LOCATION S OF EACH PERMITTED STORMWATER OUTFALL IN A SITE MAP. EDGEWOOD'S PLAN AND SITE MAP DID NOT IDENTIFY THE TWO EDGEWOOD'S CONSTRUCTION ENTRANCES AS PERMITTED OUTFALLS. BASED ON PHOTOS PROVIDED TO EPA AS PART OF CITIZEN COMPLAINTS, EPA HAS DETERMINED THE DEVELOPMENT HAS UNAUTHORIZED DISCHARGES OF SEDIMENT LADEN STORMWATER FROM THE CONSTRUCTION ENTRANCES ON 6/22/11, 6/24/11, 7/20/11, 9/5/11, AND 11/22/11. PART IV.C OF THE PERMIT REQUIRES THE PLAN TO BE AMENDED IF HTE PLAN PROVES TO BE INEFFECTIVE IN ELMINIATED OR SIGNIFICANTLY MINIMIZING POLLUTANTS. EDGEWOOD'S PLAN WAS AMENDED TO ADDRESS THESE DEFICIENCIES AND CERTIFIED BY A PROFESSIONAL ENGINEER ON OCT 23, 2011. HOWEVER, PHOTOS PROVIDED TO EPA AS PART OF CITIZEN COMPLAINTS VERIFY SEDIMENT RUNOFF DISCHARGING FROM THE DEVELOPMENT CONTINUE ON 11/22/11. AS A RESULT OF THE CITIZEN'S PHOTO DOCUMNETATION AND EDGEWOOD'S NTU MONITORING DATA, EPA HAS DETERMINED THAT THE CURRENT AMENDED PLAN IS INEFFECTIVE IN ELMINIATING OR SIGNIFICANTLY MINIMIZING POLLUTANT DISCHARGE. EDGEWOOD'S FAILURE TO ELIMINATE OR SIGNIFICANTLY MINIMIZE POLLUTANT DISCHARGES CONSTITUTE VIOLATIONS OF SECTIONS 301 AND 402(p) OF THE CWA AND GAEPD PERMIT. ORDER REQUIRES: A. IMMEDIATELY CEASE ALL DISCHARGES EXCEPT AS IN COMPLIANCE WITH THE PERMIT. B. WITHIN 7 DAYS, AMEND THE PLAN TO PREVENT AND MINIMIZE THE DISCHARGE OF SEDIMENT-LADEN STORMWATER. THE AMENDED PLAN SHALL INCLUDE DESIGN CALCULATION AND REQUIREMENTS TO ENSURE THAT THE DEVELOPMENT'S SEDIMENT BASIN, OR EQUIVALENT CONTROL MEASURES, HAVE THE HYDRAULIC AND SEDIMENT STORAGE CAPACITY TO PROVIDE AT LEAST 1800 CUBIC FEET (67 CUBIC YARDS) OF STORAGE PER ACRE DRAINED AS REQUIRED BY PART IV.D.3.a(3) OF THE PERMIT. IF A SEDIMENT BASIN PROVIDING AT LEAST 1800 CUBIC FEET OF STORAGE PER ACRE DRAINED, OR EQUIVALENT CONTROLS IS NOT ATTAINABLE, THE AMENDED PLAN SHALL INCLUDE AN EXPLANATION DETAILING WHY THAT STANDARD CANNOT BE ATTAINED AND SHALL ALSO INLCUDE PLANS FOR SEDIMENT CONTROLS FOR ALL SIDE SLOPE AND DOWN SLOPE BOUNDARIES OF THE CONSTRUCTION AREA. THE AMENDED PLAN MAY INCLUDE ALTERNATIVE BMPs WHOSE PERFORMANCE HAVE BEEN DOCUMENTED TO BE EQUIVALENT OR SUPERIOR TO CONVENTIONAL BMPs AS CERTIFIED BY A DESIGN PROFESSIONAL, AND/OR HIGH PERFORMANCE BMPs PURSUANT TO PART IV.D.3.a(4) AND (5) OF THE PERMIT. THE AMENDED PLAN SHALL BE PREPARED BY A DESIGN PROFESSIONAL AS DEFINED BY THE PERMIT. C. WITHIN 15 DAYS, SUBMIT DOCUMENTATION INCLUDING PICTORIAL EVIDENCE THAT ALL REQUIREMENT BMPs HAVE BEEN IMPLEMENTED.

Defendants (2)

• EDGEWOOD TOWNHOMES LPNamed in settlement
• EDGEWOOD TOWNHOMES AT HUTCHINSON STREETNamed in settlement

Facilities (2)

• EDGEWOOD TOWNHOMES AT HUTCHINSON STREET

  150 HUTCHINSON STREET, ATLANTA, GA, 30307

  Registry ID: 110043471533

• EDGEWOOD TOWNHOMES AT HUTCHINSON STREET

  150 HUTCHINSON STREET, ATLANTA, GA, 30307

  Registry ID: 110043471533

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• EDGEWOOD TOWNHOMES, LP / EDGEWOOD TOWNHOMES AT HUTCHINSON STREETentered 2011-12-07

  Primary law: CWA

Timeline (3 milestones)

• 2011-12-07Final Order Issued
• 2012-01-03Enforcement Action Data Entered
• 2013-01-01Enforcement Action Closed