# KING, STEVEN (OPELIKA KING PROPERTY)
> **Administrative - Formal** · FY2009 · — · Unilateral Administrative Order Without Adjudication
## Case
- **Activity ID:** `1800001165`
- **Case Number:** 04-2009-4795
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Unilateral Administrative Order Without Adjudication
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** —
## Defendants
- OPELIKA KING PROPERTY (settlement)
## Summary

6/23/09 - ADMINISTRATIVE ORDER ISSUED. 

ON FEB 25, 2009, EPA AND ADEM PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI) AT THE DEVELOPMENT. 

DURING THE CSWEI, EPA OBSERVED THE FOLLOWING:

A. NO BMPs WERE IMPLEMENTED ALTHOUGH LAND HAD BEEN CLEARED AND GRADING WAS TAKING PLACE.

B. A SIGN WAS POSTED AT THE FRONT ENTRANCE TO THE DEVELOPMENT, BUT WAS NOT CURRENT AS IT DISPLAYED  APPLIED FOR  INSTEAD OF THE ADEM NPDES REGISTRATION.

C. THE SELF-INSPECTION REPORT DATED JAN 7, 2009, CITED A DISCHARGE OF SEDIMENT INTO THE RECEIVING WATERS, AN UNNAMED TRIBUTARY TO SAUGAHATCHEE CREEK, AND STATED THAT PERIMETER SILT FENCING AND A TEMPORARY SEDIMENT BASIN WILL BE INSTALLED. HOWEVER, THESE BMPs WERE NOT YET INSTALLED AT THE TIME OF THE INSPECTION. 

D. THE SELF-REPORTING WAS INSUFFICIENT: NO STRUCTURAL BMPs WERE IMPLEMENTED AT THE TIME OF EPA'S INSPECTION. THERE WAS NO EVIDENCE THAT BMPs WERE IN PLACE PRIOR TO EPA'S INSPECTION; HOWEVER THE LACK OF INSTALLATION OF BMPs WAS NOT NOTED NOR REPORTED IN THE MONTHLY REPORTS AS REQUIRED.  IN ADDITION, PART 335-6-12-.28(4)(f) OF THE PERMIT REGULATIONS REQUIRES COMPLETE INSPECTIONS AS OFTEN AS NECESSARY UNTIL ANY NON-COMPLIANT BMPs OBSERVED DURING A PRIOR INSPECTION ARE CORRECTED AND DOCUMENTED AS BEING IN COMPLIANCE. ONLY ONE INSPECTION PER MONTH WAS CONDUCTED, EVEN AFTER THE SELF-INSPECTION NOTED DEFICIENCIES IN THE JAN 5 AND 7, 2009 REPORTS. FURTHER THE SELF-INSPECTIONS DID NOT NOTE INADEQUATE OR MISSING BMPs WITHIN 

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*