EPA v. HOLDER, HUNT, RUSSELL, MOODY, A JOINT VENTURE (NEW ATLANTA STADIUM SITE)

Case summary

9/30/15 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $45,000, DUE WITHIN 30 DAYS. ON NOV 5, 2014, THE EPA, GAEPD AND THE CITY OF ATLANTA PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT THE DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER IN ACCORDANCE WITH THE CWA, ITS IMPLEMENTING REGULATIONS AT 40 CFR 122.26 AND THE PERMIT. AS A RESULT O THE CSWEI, EPA HAS DETERMINED THAT STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITY WAS DISCHARGED FROM THE DEVELOPMENT WITHIN THE MEANING OF CWA 402(p) AND ITS IMPLEMENTING REGS, INTO THE CITY OF ATLANTA'S MUNICIPAL SEPARATE STORM SEWER (MS4) STORMWATER COLLECTION SYSTEM, WHICH FLOWS THROUGH THE CITY'S NORTH AVENUE (CSO) TO THE RM CLAYTON WASTEWATER TREATMENT PLANT. THE NORTH AVE CSO PERIODICALLY DISCHARGES TO PROCTOR CREEK WHICH IS A TRADITIONAL NAVIGABLE WATER OF THE U.S. THE CSWEI AND OTHER INFO INDICATE THAT: A. THE STORMWATER COLLECTION SYSTEMS ALONG THE NW AND NORTH SIDE OF THE PROPERTY WERE RECEIVING NON-STORMWATER DISCHARGES, SPECIFICALLY CONCRETE WASHOUT WATER AND DRILLING LIQUIDS IN VIOLATION OF THE PERMIT. B. THE CONCRETE WASHOUT AREA AND DRILLING LIQUIDS PIT OBSERVED DURING THE CSWEI WERE NOT IDENTIFIED IN THE PLAN AS AUTHORIZED STORMWATER OUTFALLS, IN VIOLATION OF THE PERMIT. C. THE CONCRETE WASHOUT AREA DID NOT MEET THE DESIGN REQUIREMENT FOR SUCH AREA IN THE PLAN, AS IT DID NOT CONTAIN A PLASTIC/VINYL LINING TO PREVENT THE WASHOUT WATER FROM ESCAPING OR SEEPING INTO THE GROUND BUT INSTEAD WAS DESIGNED TO ROUTE WASHOUT WATER INTO THE CITY OF ATLANTA'S MS4 STORMWATER COLLECTION SYSTEM FOR THE NE AREA OF THE DEVELOPMENT, IN VIOLATION OF THE PERMIT. D. THE DRILLING LIQUIDS BMP WAS INEFFECTIVE AS IT DID NOT PREVENT DRILLING LIQUIDS BEING DISCHARGED INTO THE MS4 STORMWATER DRAIN, IN VIOLATION OF THE PERMIT. E. RESPONDENT DID NOT COLLECT SAMPLES FOLLOWING ANY QUALIFIED RAIN EVENT AFTER CLEARING AND GRUBBING OPERATIONS WERE COMPLETED ON JUNE 9, 2014 THRU THE DATE OF THE CSWEI, IN VIOLATION OF THE PERMIT. F. SAMPLES COLLECTED BY RESPONDENT AFTER THE CSWEI INDICATED THAT TURBIDITY IN THE DISCHARGE EXCEEDED 50 NTU AT ALL 4 SAMPLING LOCATIONS AND RESPONDENT DID NOT PRODUCE EVIDENCE THAT ALL BMPs IN THE AREA OF EACH SAMPLING LOCATION WERE PROPERLY DESIGNED, INSTALLED, AND MAINTAINED IN VIOLATION OF THE PERMIT. G. THE SITE MAP, DATE STAMPED BY A PROFESSIONAL ENGINEER ON OCT 15, 2014, DID NOT IDENTIFY ALL OF THE BMPs SPECIFIED IN THE ESPCP AND DID NOT IDENTIFY ALL OF THE OUTFALLS AS REQUIRED BY THE PERMIT. THEREFORE, RESPONDENT HAS VIOLATED CWA SECTIONS 301 AND 402(p) DUE TO ITS FAILURE TO COMPLY WITH THE PERMIT AND ALSO FOR DISCHARGES NOT AUTHORIZED BY THE PERMIT.

Defendants (2)

• HOLDER, HUNT, RUSSELL, MOODY, A JOINT VENTURENamed in complaintNamed in settlement
• NEW ATLANTA STADIUM SITENamed in complaintNamed in settlement

Facilities (1)

• NEW ATLANTA STADIUM PROJECT

  1414 ANDREW YOUNG INTERNATIONAL BOULEVARD, ATLANTA, GA, 30313

  Registry ID: 110063616065

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• HOLDER, HUNT, RUSSELL, MOODY, A JOINT VENTURE (NEW ATLANTA STADIUM SITE)entered 2015-09-30

  Primary law: CWA

  Federal penalty: $45,000

Timeline (5 milestones)

• 2015-09-30Complaint Filed/Proposed Order
• 2015-09-30Final Order Issued
• 2015-10-01Enforcement Action Data Entered
• 2015-11-02Enforcement Action Closed
• 2015-11-02NPDES Closed