EPA v. OVERCASH GRAVEL & GRADING CO., INC. (HEARTLAND PLACE SUBDIVISION)

Case summary

3/29/13 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $374.00. ALLEGATIONS: AT TIMES RELEVANT TO THIS ACTION, THE NCDENR DIVISION OF LAND RESOURCES, LAND QUALITY SECTION, OR AN APPROVED LOCAL PROGRAM, IN THIS CASE CABARRUS COUNTY, WAS RESPONSIBLE FOR THE ENFORCEMENT OF NORTH CAROLINA GENERAL STATUS 113A-54.1, TEH RULES ADOPTED BY THE NC SEDIMENTATION CONTROL COMMISSION, AND APPROVAL OF COVERAGE UNDER THE NCDENR PERMIT UPON SUBMISSION AND APPROVAL OF AN EROSION AND SEDIMENT CONTROL PLAN. ON SEPT 19, 2002, RESPONDENT SUBMITTED A PLAN FOR THE DEVELOPMENT TO CABARRUS COUNTY. CABARRUS SUBMITTED A PLAN FOR THE DEVELOPMENT TO CABARRUS COUNTY. CABARRUS COUNTY APPROVED THE PLAN ON SEPT 20, 2002. PART I.A.2 OF THE PERMIT REQUIRED THE RESPONDENT TO IMPLEMENT THE PLAN AS APPROVED. DEVIATION FROM THE APPROVED PLAN SHALL CONSTITUTE A VIOLATION OF THE TERMS AND CONDITIONS OF THE PERMIT. PART I.B.1. OF THE PERMIT REQUIRED THE RESPONDENT TO MAINTAIN A RAIN GAUGE AT THE DEVELOPMENT, AND TO KEEP RECORDS OF RAINFALL AMOUNTS AND DATES. PART I.B.2 OF THE PERMIT REQUIRED THE RESPONDENTS TO TAKE CORRECTIVE ACTION IMMEDIATELY TO CONGTROL THE DISCHARGE OF SEDIMENTS IF ANY VISIBLE SEDIMENTATION LEAVES THE DISTURBED LIMITES OF THE DEVELOPMENT. PART I.B.3 OF THE PERMIT REQUIRED THE RESPONDENT TO KEEP A RECORD OF INSPECTIONS, TO BE MADE UPON REQUEST. SUCH RECORD SHALL INCLUDE VISIBLE SEDIMENTATION FOUND OUTSIDE THE DISTURBED LIMITS OF THE DEVELOPMENT, AN EXPLANATION OF MEASURES TAKEN TO CONTROL FUTURE RELEASES, AND MEASURES TKAEN TO CLEAN UP SEDIMENT BEYOUND THE DISTURBED LIMITS OF THE DEVELOPMENT. PART I.C.1 OF THE PERMIT REQUIRED THE RESPONDENT TO COMPLY WITH FINAL LIMITATIONS AND CONTROL SPECIFIED FOR STORM WATER DISCHARGES ONCE DISTURBANCE HAS BEGUN AT THE DEVELOPMENT, UNTIL COMPLETION OF CONSTRUCTION OR ESTABLISHMENT OF A PERMANENT GROUNDCOVER. PART I.C.2 OF THE PERMIT REQUIRED THE RESPONDENT TO PROVIDE OPERATION AND MAINTENANCE NECESSARY TO OPERATE STORM WATER CONTROLS AT OPTIMUM EFFICIENCY. PART II.B.1 OF THE PERMIT REQUIRED THE RESPONDENT TO COMPLY WITH ALL CONDITIONS OF THE PERMIT. ANY PERMIT NONCOMPLIANCE CONSTITUTES A VIOLATION OF THE CWA. PART II.B.2 OF THE PERMIT REQUIRED THE RESPONDENT TO TAKE ALL REASONABLE STEPS TO MINIMIZE OR PREVENT ANY PREVENT ANY DISCHARGE IN VIOLATION OF THE PERMIT WHICH HAS A REASONBLE LIKELIHOOD OF ADVERSELY AFFECTING HUMAN HEALTH AND THE ENVIRONMENT. PART II.C.1 OF THE PERMIT REQUIRED THE RESPONDENT TO PROPERLY OPERATE AND MAINTAIN ALL FACILITIES AND SYSTEMS OF TREATMENT AND CONTROL WHICH WERE INSTALLED OR USED TO ACHIEVE COMPLIANCE WITH THE CONDITIONS OF THE PERMIT.

Defendants (1)

• OVERCASH GRAVEL & GRADING CO., INC.Named in complaintNamed in settlement

Facilities (1)

• HEARTLAND PLACE SUBDIVISION

  BRIDLEWOOD PLACE, CONCORD, NC, 28025

  Registry ID: 110017754438

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• OVERCASH GRAVEL & GRADING CO., INC. (HEARTLAND PLACE SUBDIVISION)entered 2013-03-29

  Primary law: CWA

  Federal penalty: $374

Timeline (5 milestones)

• 2013-03-29Complaint Filed/Proposed Order
• 2013-03-29Final Order Issued
• 2013-04-04Enforcement Action Data Entered
• 2014-01-01NPDES Closed
• 2014-01-01Enforcement Action Closed