EPA v. DEKALB FARMERS MARKET

Case summary

8/1/16 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $41,250, DUE WITHIN 30 DAYS. ALLEGATIONS: ON SEPT 9, 2014, EPA, GAEPD, AND DEKALB COUNTY PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER. ON FEB 10, 2015, EPA ISSUED AN NOV FOR VIOLATIONS OF THE CWA AND THE PERMIT. ON MAR 12, 2015, A SHOW CAUSE METTING WAS HELD. RESPONDENT PROVIDED DOCUMENTATOIN OF HOW THEY HAD ADDRESSED SOME OF THE VARIOUS DEFICIENCIES ALLEGED IN THE NOV. ON MAR 26, 2015, EPA ISSUED AN INFO REQUEST LETTER REQUESTING ADD'L INFO. BASED ON THE CSWEI AND THE ADD'L INFO, EPA HAS DETERMINED THAT RESPONDENT FAILED TO COMPLY WITH THE CWA, ITS IMPLEMENTING REGS, AND THE PERMIT: A. THE FOLLOWING BMPs AT THE SITE WERE NOT CONSTRUCTED IN ACCORDANCE TO THE MANUAL FOR EROSION AND SEDIMENT CONTROL IN GEORGIA, IN VIOLATION OF THE PERMIT: - PORTIONS OF THE SILT FENCING ALONG THE WESTERN BORDER OF THE SITE WAS OBSERVED TO HAVE BEEN EITHER TOPPLED OR WITH SEDIMENT EXCEEDING 1/2 OF THE HEIGHT OF THE FENCING. - CHANNELING WAS OBSERVED UNDER THE SILT FENCING NEAR THE STOCKPILE AT THE SOUTH END OF THE SITE. - PORTIONS OF SILT FENCING ALONG THE WESTERN BORDER OF THE SITE WERE NOT GIVEN THE REQUIRED MINIMUM OF 10 FT OF SETBACK FROM THE BASE OF THE SLOPE; - DIVERSIONS ALONG THE NORTHEASTERN PORTION OF THE SITE LEADING TO TEMPORARY POND 1 WERE NOT CONSTRUCTED WITH THE APPROPRIATE SHAPE OR PROPERLY STABILIZED; - THE ROCK CHECK DAMS IN THE DIVERSIONS LEADING TO TEMP POND 1 WERE NEITHER CONSTRUCTED WITH THE APPROPRIATE SHAPE NOR WITH ROCK OF THE APPROPRIATE SIZE. B. RESPONDEN FAILED TO OPERATE IN COMPLIANCE WITH THE APPROVED PLAN AS FOLLOWS, IN VIOLATION OF THE PERMIT: - CONTINUOUS SILT FENCING WAS NOT MAINTAINED ALONG THE PERIMETER OF THE SITE; - SLOPE STABILIZATION WAS NOT IMPLEMENTED IN VARIOUS AREAS OF THE SITE INCLUDING THE SOIL STORAGE PILES, ALONG THE WESTER SIDE OF THE SITE NEAR THE NEIGHBORING APARTMENT COMPLEX, AND AROUND THE FUTURE BUILDING FOUNDATION. C. RESPONDENT FAILED TO IMPLEMENT THE FOLLOWING BMPs: - MULCH FILTER BERMS, IN ADDITION TO SILT FENCING, WERE NOT USED ON THE SITE WHEREVER CONSTRUCTION STORMWATER COULD BE DISCHARGED. D. THE FOLLOWING INCONSISTENCIES WERE OBSERVED BETWEEN THE SITE AND THE PLAN DEMONSTRATING THAT THE PLAN NEITHER ID'D ALL POTENTIAL SOURCES OF POLLUTION WHICH MAY REASONABLY BE EXPECTED TO AFFECT THE QUALITY OF THE STORMWATER DISCHARGES FROM THE CONSTRUCTION SITE NOR BEEN AMENDED TO REFLECT SIGNIFICANT CHANGES TO BMPs, IN VIOLATION OF THE PERMIT: - AREAS ALONG THE PERIMENTS OF THE SITE WHERE SILT FENCING HAD BEEN REMOVED, IN THE AREAS NEAR POND 2 AND THE WESTERN BORDER NEAR THE NEIGHBORING APT COMPLEX, WERE NOT IN THE PLAN; - ADD'L DIVERSIONS INSTALLED ALONG THE NE CORNER OF THE SITE LEADING TO TEMP POND 1 WERE NOT IN THE PLAN; - AN ADD'L STORMDRAIN INLET, WHICH WAS NOT IN THE PLAN, WAS OBSERVED ALONG THE WESTERN BORDER NEAR THE NEIGHBORING PAT COMPLEX; - ROCK CHECK DAMS WERE INSTALLED IN THE DIVERSIONS ALONG THE NE SIDE OF THE SITE WHICH WERE NOT ID'D IN THE PLAN; - ADD'L SOIL STORAGE AREAS WERE OBSERVED ALONG THE SOUTH AND EAST BORDERS OF THE SITE WHICH WERE NOT ID'D IN THE PLAN; - AN ADD'L ENTRANCE TO THE SITE WAS OBSERVED ALONG THE EASTERN BORDER OF THE SITE WHICH WAS NOT REFLECTED IN THE PLAN. THE MINIMUM SEDIMENT STORAGE CAPACITY OF 67 CUBIC YARDS PER ACRE WAS NOT AVAILABLE FOR THE NORTHERN PORTION OF THE SITE IN VIOLATION OF THE PERMIT. RECORDS OF WEEKLY INSPECTIONS PERFORMED AT THE SITE NEITHER INCLUDED THE NAME NOR SIGNATURE OF THE CERTIFIED PERSONNEL PERFORMING THE INSPECTION IN VIOLATION OF THE PERMIT.

Defendants (1)

• DEKALB FARMERS MARKETNamed in complaintNamed in settlement

Facilities (1)

• DEKALB COUNTY FARMERS MARKET

  3000 EAST PONCE DE LEON AVE, DECATUR, GA, 30030

  Registry ID: 110062637516

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• DEKALB FARMERS MARKETentered 2016-08-01

  Primary law: CWA

  Federal penalty: $41,250

Timeline (5 milestones)

• 2016-08-01Complaint Filed/Proposed Order
• 2016-08-01Final Order Issued
• 2016-08-18Enforcement Action Data Entered
• 2016-09-08NPDES Closed
• 2016-09-08Enforcement Action Closed