9/29/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
DURING THE COMPLIANCE STORMWATER EVALUATION INSPECTION ( CSWEI ), THE EPA OBSERVED THE FOLLOWING:
A. THE PLAN WAS NOT IMPLEMENTED AS APPROVED, AS REQUIRED BY PART I.A.2 OF THE PERMIT. THE EARTHEN BERM ON THE SOUTHEASTERN PORTION OF THE DEVELOPMENT, AND SEDIMENT TRAPS 11 THROUGH 18, WERE NOT DENOTED ON THE PLAN.
B. THE RESPONDENT FAILED TO PROVIDE OPERATION AND MAINTENANCE NECESSARY TO OPERATE STORMWATER CONTROLS AT OPTIMUM EFFICIENCY, AS REQUIRED BY PART I.C.1, PART I.C.2, AND PART II.C.1 OF THE PERMIT. MAINTENANCE WAS NEEDED SILT FENCING AS MISSING BESIDE THE EARTHEN BERM ALLOWING DISCHARGES INTO A WETLAND AREA BESIDE POND 2; SILT FENCING OVERTOPPED WITH SEDIMENT ALLOWING DISCHARGES INTO A WETLAND AREA BREACHING SILT FENCING NEAR SEDIMENT TRAP 12 AND ENTERING A NEARBY WETLAND; AND SEDIMENT TRAPS 11-13, 16 AND 18. THE AREA BEHIND THE LIFT STATION, PROPOSED POND 4 BEHIND LOTS 10-23 AND THE EARTHEN BERM ON THE SOUTHEASTERN PORTION OF THE DEVELOPMENT NEEDED STABILIZATION.
C. THE RESPONDENT FAILED TO TAKE ALL REASONABLE STEPS TO MINIMIZE OR PREVENT ANAY DISCHARGE IN VIOLATION OF THE PERMIT WHICH AHS A REASONABLE LIKELIHOOD OF ADVERSELY AFFECTING HUMAN HEALTH AND THE ENVIRONMENT, AS REQUIRED BY PART II.B.2 OF THE PERMIT. EVIDENCE OF SEDIMENT DISCHARGES WERE OBSERVED LEAVING THE DEVELOPMENT AND ENTERING WETLANDS NEAR THE E