EPA v. Foxridge Development Corporation

Case summary

The EPA and Foxridge have agreed to enter into a Consent Agreement to resolve Foxridge?s alleged failure to meet permit requirements. Effective July 1, 2014, the Utah Division of Water Quality issued a NPDES General Permit for Discharges from Construction Activities (Permit) authorizing discharges of storm water associated with construction activities, if done in compliance with its terms and conditions. Between March 2, 2015, and March 2, 2016, Foxridge obtained coverage under the Permit (UPDES Permit number UTR370179) by submitting a NOI as the named permittee of the Site for Phase 2. For Phase 3 of the Site, Foxridge similarly obtained coverage by submitting a NOI between February 25, 2017, and February 25, 2018. The Site encompasses approximately 11.15 acres, including Phase 2 (approximately 6.6 acres) and Phase 3 (approximately 4.55 acres). On July 11, 2016, inspectors from the EPA conducted a storm water inspection of the Site. Based on the inspection and subsequent information provided by Foxridge, the EPA alleges that between March 2, 2015, and March 2, 2016, Foxridge did not have a SWPPP and an adequate site map for the Site and did not conduct self-inspections (Phase 2), and between February 25, 2017 and February 25, 2018, Foxridge did not have an adequate site map for the Site (Phase 3). Foxridge has agreed to pay a civil administrative penalty of $20,000 to resolve its civil penalty liability for these alleged violations. Pursuant to section 309(g)(4) of the CWA, the EPA hereby notifies the public of the EPA?s proposed penalty assessment.

Defendants (1)

• Foxridge Development CorporationNamed in complaintNamed in settlement

Facilities (1)

• SADDLEROCK PHASES 2-4

  900 EAST 600 SOUTH, RIVER HEIGHTS, UT, 84321

  Registry ID: 110070704547

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Foxridge Development Corporationentered 2020-04-23

  Primary law: CWA

  Federal penalty: $20,000

Timeline (5 milestones)

• 2020-03-10Complaint Filed/Proposed Order
• 2020-04-23Final Order Issued
• 2020-05-05Enforcement Action Data Entered
• 2020-05-28NPDES Closed
• 2020-05-28Enforcement Action Closed