12/19/03- COMPLIANCE ORDER ISSUED. ON SEPTEMBER 16, 2003, REPRESENTATIVES OF EPA IN CONJUNCTION WITH KDEP, PERFORMED A COMPLIANCE STORM WATER EVALUATION INPSECTION (CSWEI) AT THE FACILITIES TO EVALUATE THE TREATMENT AND DISPOSAL OF STORM WATER IN ACCORDANCE WITH THE CWA AND THE REGULATIONS PROMULGATED THEREUNDER AT 40 CFR 126.26.
DURING THE CSWEI, INSPECTORS NOTED DISCHARGES OF STORM WATER FROM THE FACILITIES INTO WATERS OF THE U.S.
CUTTER HOMES FAILED TO SUBMIT AN APPLICATION FOR AN INDIVIDUAL PERMIT, APPLY FOR A PERMIT THROUGH A GROUP APPLICATION, OR SEEK PERMIT COVERAGE VIA A NOI TO KDEP FOR ITS FACILITIES.
THEREFORE, CUTTER HOMES HAS VIOLATED SECTIONS 301 AND 402(p) OF THE CWA BY FAILING TO OBTAIN COVERAGE UNDER THE KPDES PERMIT FOR STORM WATER DISCHARGES FROM ITS FACILITIES.
DURING THE CSWEI, INSPECTORS MADE THE FOLLOWING OBSERVATIONS:
A. THE BEST MANAGEMENT PRACTICES (BMP) PLANS WERE NOT MAINTAINED ON SITE. THE BMP PLANS WERE BROUGHT TO THE SITE BY CUTTER HOMES'S ENGINEERING FIRM.
B. THERE WERE NO RECORDS OF INSPECTIONS OF STORM WATER CONTROL MEASURES FOR THE FACILITIES PRODUCED DURING THE CSWEI.
C. SILT FENCING WAS EITHER NOT IN PLACE, IMPROPERLY PLACED OR IMPROPERLY MAINTAINED THROUGHOUT PAST I, INCLUDING NO SILT FENCING AROUND SOME INDIVIDUAL LOTS UNDER CONSTRUCTION, SILT FENCING ONLY TWO FEET FROM THE PAVED ROAD ON SOME INDIVIDUAL LOTS, NO PERIMETER FENCING BETWEEN PHASE I AND ADJACENT CONSTRUCTION SITES, AND NO SILT FENCING AROUND TOPSOIL