EPA v. CAMDEN USA, INC. AND CAMDEN DEVELOPMENT, INC. (CAMDEN PACES)

Case summary

09/11/2013 - ADMINISTATIVE ORDER ISSUED. ON JUNE 5, 2013, EPA AND GAEPD PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION AT THE DEVELOPOMENT TO EVALUATE THE TREATMENT OF STORMWATER IN ACCORDANCE WITH THE CWA AND THE PERMIT. DURING THE CSWEI, EPA IDENTIFIED THE FOLLOWING THROUGH ITS REVIEW OF DOCUMENTATION PROVIDED BY RESPONDENTS AND FROM OBSERVATIONS MADE AT THE DEVELOPMENT: A. SILT FENCES NEAR THE CROSSING OF THE EASTERLY UNNAMED STREAM AT THE DEVELOPMENT NEEDED MAINTENANCE OF BOTH THE DOWNSTREAM AND UPSTREAM SIDES OF THE STREAM CROSSING AS REQUIRED BY THE PERMIT. B. THE SILT FENCE DOWNSTREAM OF CROSSING OF THE EASTERLY UNNAMED STREAM AT THE DEVELOPMENT HAD SEDIMENT OVERTOPPING THE SILT FENCE AND SEDIMENT WAS DEPOSITED IN THE STREAM, IN VIOLATION OF THE PERMIT. C. THE SILT FENCE NEAR THE NORTHERN PODIUM AREA (SS-2 MANHOLE) WAS MORE THAN HALF FULL OF SEDIMENT, IN VIOLATION OF THE PERMIT. D. SEDIMENT HAD BEEN DEPOSITED IN THE UNNAMED TRIBUTARY TO NANCY CREEK AND IN THE TWO UNNAMED STREAMS AT THE DEVELOPMENT IN VIOLATION OF THE PERMIT. E. THE SILT FENCE NEAR SS-1 NEEDED MAINTENANCE AS REQUIRED BY THE PERMIT. F. THE SILT FENCE IN AN AREA BETWEEN THE ROCK WALL AND STREAM ON THE NORTH SIDE OF THE DEVELOPMENT WAS MORE THAN HALF FULL OF SEDIMENTATION, IN VIOLATION OF THE PERMIT. G. PORTIONS OF THE CONSTRUCTOIN EXIT INSTALLED AT THE DEVELOPMENT DID NOT HAVE THE MINIMUM THICKNESS OF SIX INCHES REUQIRED BY THE MANUAL. OFF-SITE VEHICLE TRACKING OF DIRT, SOILS, AND SEDIMENT WAS OBSERVED ON EAST ANDREWS DRIVE, IN VIOLATION OF THE PERMIT. H. OF THE 7 PIPE SLOPE DRAINS DENOTED IN THE PLAN, ONLY 3 WERE ACTIVELY BEING USED AT THE DEVELOPMENT, IN VIOLATION OF THE PERMIT. I. ONE OF THE 7 PIPE SLOPE DRAINS DENOTED IN THE PLAN ONLY 3 WERE ACTIVELY BEING USED AT THE DEVELOPMENT, IN VIOLATION OF THE PERMIT. J. ONE OF THE DRAIN INLETS AT THE DEVELOPMENT WAS FULL OF SEDIMENT AND IN NEED OF MAINTENANCE, IN VIOLATION OF THE PERMIT. K. STOCKPILES OF SOIL WITH SLOPES STEEPER THAN 2.5:1 AND WITH HEIGHTS OF TEN FEET OF GREATER WERE NOT STABILIZED WITH APPROPRIATE EROSION CONTROL MATTING OR BLANKETS AS REQUIRED BY THE PREMIT AND THE MANUAL. L. ON SEVERAL OCCASIONS, DAILY REPORTS WREE EITHER NOT COMPLETED, OR WERE INCOMPLETE FOR INSPECTIONS OF BOTH PETROLEUM AREAS AND AT THE CONSTRUCTION EXIT, AS REQUIRED BY THE PERMIT. M. ON SEVERAL OCCASIONS, INPSECTIONS WERE NOT CONDUCTED WEEKLY AND AFTER QUALIFYING RAIN EVENTS AS REQUIRED BY THE PERMIT. IN ADDITION, THE RAINFAIL AMOUNT RECORDED ON SOME INSPECTIONS WAS NOT ALWAYS ACCURATE AND, IN SOME INSTANCES, FAILED TO STATE WHAT, IF ANY, PREVIOUS COMPLIANCE ISSUES HAD BEEN CORRECTED, AS REQUIRED BY THE PERMIT. N. EVIDENCE WAS NOT PRESENTED TO INDICATED THAT SAMPLING HAD BEEN CONDUCTED WITHIN 45 MINUTES OF QUALIFYING EVENT AS REQUIRED BY THE PERMIT. O. SAMPLING WAS NOT CONDUCTED AT EACH AREA OF THE DEVELOPMENT AS REQUIRED BY THE DEVELOPMENT.

Defendants (3)

• CAMDEN PACESNamed in settlement
• CAMDEN USA, INC.Named in settlement
• CAMDEN DEVELOPMENT, INC.Named in settlement

Facilities (1)

• CAMDEN PACES

  77 EAST ANDREWS DRIVE NW, ATLANTA, GA, 30305

  Registry ID: 110055626700

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• CAMDEN USA, INC. AND CAMDEN DEVELOPMENT, INC. (CAMDEN PACES)entered 2013-09-11

  Primary law: CWA

Timeline (4 milestones)

• 2013-09-11Final Order Issued
• 2013-09-19Enforcement Action Data Entered
• 2014-01-01NPDES Closed
• 2014-01-01Enforcement Action Closed