EPA v. COSTCO WHOLESALE CORPORATION (BALD RIDGE MARINA ROAD ONSITE MASS GRADING)

Case summary

4/10/14 - ADMIN COMPLIANCE ORDER ON CONSENT ISSUED. COSTCO IS THE OWNER AND OPERATOR OF A CONSTRUCTION SITE KNOWN AS THE COSTCO PROPERTY WHICH WAS A PORTION OF A CONSTRUCTION SITE FORMERLY KNOWN AS THE BALD RIDGE MARINA ROAD ONSITE MASS GRADING LOCATED AT 1211 BALD RIDGE MARINA ROAD, CUMMING, GA. ON JULY 9, 2013, EPA AND GAEPD AND THE CITY OF CUMMING PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT THE SITE AND OFFSITE TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER. AS A RESULT OF OBSERVATIONS MADE DURING THE CSWEI, AND FROM DOCUMENTS AND INFO SUBSEQUENTLY PROVIDED BY CANNON, INCLUDING, BUT NOT LIMITED TO, INSPECTION REPORTS AND SAMPLING RESULTS, EPA DETERMINED THAT CANNON VIOLATED CWA 301 AND 402(p) FOR UNAUTHORIZED DISCHARGES OF STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITY FROM THE SITE AND OFFSITE INTO AN UNNAMED TRIBUTARY THAT FLOWS INTO LAKE LANIER, AN IMPOUNDMENT OF THE CHATTAHOOCHEE RIVER, A TRADITIONALLY NAVIGABLE WATER OF THE U.S. AND BY FAILING TO COMPLY IT CONDITIONS OF THE PERMIT. CANNON ENTERED INTO AN AOC, DOCKET NUMBER CWA-04-2014-4750, WITH EPA TO PERFORM INJUNCTIVE RELIEF MEASURES TO BRING THE SITE AND OFFSITE INTO COMPLIANCE WITH THE PERMIT AND THE CWA. THAT AOC BECAMSE EFFECTIVE ON OCT 24, 2013. TO DATE, THE NEPHELOMETRIC TURBIDITY UNIT (NTU) LIMITS FOR EACH OF THE OUTFALLS SPECIFIED IN SECTION III.D OF CANNON'S DEC 18, 2013 NOIs FOR BOTH THE SITE AND OFFSITE HAVE BEEN EXCEEDED. SOLELY AS A RESULT OF COSTCO'S PURCHASE OF THE SITE PROPERTY, AS DEPICTED IN EXHIBITS A AND B, FROM CANNON ON MARCH 7, 2014, THIS AOC IS BEING ENTERED INTO BETWEEN COSTCO AND EPA WHEREBY COSTCO AGREES TO PERFORM THE INJUNCTIVE RELIEF MEASURES PERTAINING TO THE SITE IN SECTION III (AGMT ON CONSENT) OF THIS AOC. COSTCO DENIES IT IS IN VIOLATION OF ANY CONDITION OR LIMITATION WHICH IMPLEMENTS, INTER ALIA, CWA 301 AND 402, AS OF MAR 7, 2014. ADDITIONALLY, THE CANNON AOC ENTERED INTO BY CANNON AND EPA ON OCT 24, 2013, DOCKET NUMBER CWA-04-2014-4750, IS SIMULTANEOUSLY BEING AMENDED WHEREBY CANNON AGREES THEREIN TO PERFORM INJUNCTIVE RELIEF MEASURES PERTAINING TO THE OFFSITE PROPERTY AS SPECIFIED IN SECTION III (AGMT ON CONSENT) OF THAT AMENDED AOC. ON MARCH 5, 2014, COSTCO SUBMITTED TO GA EPD AN NOI FOR COVERAGE UNDER THE PERMIT TO DISCHARGE STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITY AT THE SITE. BY ENTERING INTO THIS AOC, COSTCO IS NOT AGREEING TO ACCEPT LIABILITY UNDER THE CWA, EXCEPT AS PROVIDED IN SECTION III (AGMT ON CONSENT) OF THIS AOC, FOR VIOLATIONS ASSOCIATED WITH THE SITE OR OFFSITE PROPERTIES PRIOR TO ITS OWNERSHIP OF THE SITE PROPERTY.

Defendants (1)

• COSTCO WHOLESALE CORPORATIONNamed in settlement

Facilities (1)

• (COSTCO) BALD RIDGE MARINA ROAD OFFSITE MASS GRADING

  1201 BALD RIDGE MARINA ROAD, CUMMING, GA, 30040

  Registry ID: 110055626684

Statutes cited

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

Enforcement conclusions (1)

• COSTCO WHOLESALE CORPORATIONentered 2014-04-10

  Primary law: CWA

Timeline (4 milestones)

• 2014-04-10Final Order Issued
• 2014-06-04Enforcement Action Data Entered
• 2015-01-23NPDES Closed
• 2015-01-23Enforcement Action Closed