EPA v. Whetstone - Canyons at Whetstone

Case summary

This is an Administrative Penalty action pursuant to Sections 402 and 404 of the CWA. The Whetstone Development Company (in association with K.E. & G. Development) is building ýThe Canyons at Whetstone Ranch,ý a residential subdivision. In 2004, EPA required the companies to stop fill and stormwater discharges within affected waters, prepare restoration and monitoring plans, and put in place a system to ensure there will be no further violations. This year (2006) an Administrative Order on Consent issued concurrently with this action requires injunctive relief in the form of a 40-acre off-site preserve to be deeded to the City of Benson for open space. The settlement in this penalty action establishes a $110,000 penalty for violations of both CWA 402 and CWA 404.

Defendants (2)

• K. E. & G. Development LLCNamed in complaintNamed in settlement
• Whetstone Development CompanyNamed in complaintNamed in settlement

Facilities (1)

• WHETSTONE - CANYON HOMES

  ARIZONA ROUTE 90 - APPROX 3 MILES S OF I-10, BENSON, AZ, 85602

  Registry ID: 110022320193

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• Whetstone - Canyons at Whetstone (CA/FO)entered 2006-02-10

  Primary law: CWA

  Federal penalty: $110,000

Timeline (4 milestones)

• 2006-02-10Enforcement Action Closed
• 2006-02-10Complaint Filed/Proposed Order
• 2006-02-10Final Order Issued
• 2006-04-10Enforcement Action Data Entered