EPA v. Geoff McMahon d/b/a/ Morningstar Corp. & Constar Co., Inc

Case summary

VIOLATION: Constar Company, Inc., is now the owner/operator and the general contractor for the Mesa Heights subdivision project, and 1) they have not filed for a NPDES storm water construction permit, and Mr. McMahon has not filed a Notice of Termination (NOT); 2)There was a SWPPP available for review at both construction sites; however, they are not signed and certified; and 3) Inspections were not being properly done or recorded, as required by the permit. The inspection report certification statements were not signed by the appropriate corporate signatory as require by the NPDES permit, and the inspector qualifications were not included in the plan. **RELIEF SOUGHT: 1) Within thirty days, Respondent shall make a complete and correct application for permit coverage and shall submit to EPA, a copy of the permit application and confirmation of coverage; 2) Within thirty days, Respondent shall take whateveer corrective action is necessary to correct the deficiencies and eliminate and prevent recurrence of the violations, and submit a written report detailing the specific actions taken; 3) If complete corrections of the violations is not possible within thirty days, submit a comprehensive plan to do so; and 4) Within forty-five days, arrange a Show Cause meeting with EPA. Control measures were not properly installed or maintained at the construction sites

Defendants (1)

• Geoff McMahon and Constar Company, Inc.Named in complaintNamed in settlement

Facilities (2)

• BLUFFVIEW VALLEY

  SOUTH END OF COUNTY ROAD 3972, FARMINGTON, NM, 87401

  Registry ID: 110014410226

• MESA HEIGHTS

  INTERSECTION CR 3500 AND CR 3720, FARMINGTON, NM, 87401

  Registry ID: 110014407695

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Geoff McMahon, d/b/a, Morningstar Corp. & Constarentered 2002-12-24

  Primary law: CWA

Timeline (3 milestones)

• 2002-12-12Enforcement Action Data Entered
• 2002-12-24Final Order Issued
• 2004-05-27Enforcement Action Closed