EPA v. EDGEWOOD TOWNHOMES, L.P. (EDGEWOOD TOWNHOMES AT HUTCHINSON STREET)

Case summary

5/28/2013 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $40,000, DUE WITHIN 30 DAYS. ON FEB 4, 2011, EPA AND THE CITY OF ATLANTA, BUREAU OF WATERSHED PROTECTION PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT RESPONDENT'S DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER. DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: A. DOUBLE ROW SILT FENCE WAS SPECIFIED IN THE PLAN. ONLY ONE ROW OF SILT FENCE WAS INSTALLED ALONG THE PERIMETER OF THE SITE IN VIOLATION OF THE PERMIT. B. WOOD CHIPS ALONG THE PERIMETER SILT FENCE WERE NOT TREATED WITH POLYACRYLAMIDE AS SPECIFIED IN TEH PLAN IN VIOLATION OF THE PERMIT. C. 13 STONE CHECK DAMS WERE SPECIFIED IN THE PLAN ALONG THE DIVERSION CHANNEL TO SEDIMENT POND NUMBER 1. LESS THAN HALF OF THE CHECK DAMS WERE IN PLACE IN VIOLATION OF THE PERMIT. D. OF THE FEW CHECK DAMS IN PLACE, NONE HAVE JUTE MATTING IN PLACE OR HAVE EVIDENCE OF POLYACRYLAMINDE TREATMENT AS SPECIFIED IN THE PLAN IN VIOLATION OF THE PERMIT. E. A DIVERSION CHANNEL WAS NOT STABILIZED WITH GRASS LINING IN ACCORDANCE WITH THE PLAN IN VIOLATION OF THE PERMIT. F. RIPRAP WAS SPECIFIED IN THE PLAN AT THE INLET OF THE SEDIMENT PONDS. NO RIPRAP WAS OBSERVED AT THE INLET OF SEDIMENT POND NUMBER 1 IN VIOLATION OF THE PERMIT. G. POLYACRYLAMINDE TREATMENT WAS SPECIFIED ON ALL SLOPED AREAS. NO EVIDENCE OF POLYACRYLAMINDE TREATMENT WAS OBSERVED ON SLOPED AREAS IN VIOLATION OF THE PERMIT. H. NTU SAMPLES WERE COLLECTED AT TWO DISCHARGE POINTS AS OUTLINED IN THE PLAN DURING THE CSWEI INSPECTION. SAMPLING RESULTS FOR BOTH DISCHARGE POINTS EXCEEDED THE NTU STANDARDS SET FORTH IN APPENDIX B OF THE PERMIT IN VIOLATION OF THE PERMIT. STORMWATER MONITORING RESULTS SUBMITTED BY RESPONDENT TO EPA ON NOV 30, 2011, DOCUMENTED DISCHARGES EXCEEDING THE 75 NTU STANDARD ON OCT 19, 2011; NOV 16, 2011; NOV 23, 2011; AND NOV 28, 2011; AT OUTFALL NUMBER 1 AND ON NOV 28, 2011, AT OUTFALL NUMBER 3. THEREFORE, THE EXISTING BMPs ON-SITE WERE NOT EFFECTIVE IN METTING THE 75 NTU STANDARD IN VIOLATION OF THE PERMIT. RESPONDENT'S PLAN AND SITE MAP DID NOT IDENTIFY TWO CONSTRUCTION ENTRANCES AS PERMITTED OUTFALLS. BASED ON PHOTOS PROVIDED TO EPA AS PART OF CITIZEN COMPLAINTS, EPA HAS DETERMINED THE DEVELOPMENT HAD UNAUTHORIZED DISCHARGES OF SEDIMENT LADEN STORMWATER FROM THE CONSTRUCTION ENTRANCES ON JUNE 22, 2011; JUNE 24, 2011; JULY 20, 2011; SEPT 25, 2011; NOV 22, 2011; JAN 21, 2012; IN VIOLATION OF THE PERMIT. RESPONDENT'S PLAN WAS AMENDED TO ADDRESS DEFICIENCIES AND WAS 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 ON NOV 22, 2011 IN VIOLATION OF THE PERMIT. RESPONDENT'S FAILURE TO ELIMINATE OR SIGNIFICANTLY MINIMIZE POLLUTANT DISCHARGES CONSTITUTES VIOLATIONS OF CWA 301 AND 402(p) AND THE GA EPD PERMIT. THEREFORE, RESPONDNET HAS VIOLATED CWA 301 AND 402(p) BY FAILING TO COMPLY WITH THE GA EPA PERMIT AND ALSO FOR DISCHARGES NOT AUTHORIZED BY GA EPD PERMIT.

Defendants (2)

• EDGEWOOD TOWNHOMES, LP (SB)Named in complaintNamed in settlement
• EDGEWOOD TOWNHOMES AT HUTCHINSON ST. (SB)Named in complaintNamed 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, L.P. (EDGEWOOD TOWNHOMES AT HUTCHINSON STREET)entered 2013-05-28

  Primary law: CWA

  Federal penalty: $40,000

Timeline (5 milestones)

• 2013-05-28Complaint Filed/Proposed Order
• 2013-05-28Final Order Issued
• 2013-06-06Enforcement Action Data Entered
• 2013-07-03Enforcement Action Closed
• 2013-07-03NPDES Closed