9/30/15 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $24,000 - DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON MAR 13, 2014, EPA PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTOIN (CSWEI) AT THE DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER IN ACCORDANCE WITH THE CWA, THE REGS AND THE PERMIT.
BASED ON THE CASWEI AND REVIEW OF ADDITIONAL INFO, EPA HAS DETERMINATION THAT RESPONDENT HAS FAILED TO COMPLY WITH THE CWA, ITS IMPLEMENTING REGS AND THE PERMIT AS FOLLOWS:
A. SEDIMENT BASINS ARE DESIGNED TO DETAIN RUNOFF WATERS, TRAP SEDIMENT, AND RELEASE TREATED WATER THRU AN OUTFALL. DEWATERING OF THE SEDIMENT BASIN CAN BE CONSIDERED A CHANGE IN OPERATION OR MAINTENANCE, REQUIRING A SPECIFIC PLAN AMENDMENT AS SET FORTH IN THE PERMIT. RYLAND DID NOT AMEND ITS PLAN OR PROPERLY DESIGN, INSTALL, OR MAINTAIN BMPs ASSOCIATED WITH DEWATERING OF THE SEDIMENT BASIN AS REQUIRED BY THE PERMIT.
B. DURING THE CSWEI, VISIBLE RILL FORMATIONS WERE OBSERVED AROUND THE BANK AREA INDICATING THE SEDIMENT BASIN UPGRADIENT SLOPE AREAS HAD NOT BEEN STABILIZED WITHIN 14 DAYS AS REQUIRED BY THE PERMIT. EPA FACTORED RYLAND'S ASSERTION OF ADVERSE WEATHER CONDITIONS INTO THIS VIOLATION.
C. A REVIEW OF THE INSPECTION RECORDS SUBMITTED BY THE PERMITTED FROM AUG 1, 2013, TO MAR 13, 2014, REVEALED THAT DAILY INSPECTIONS WERE NOT CONSISTENTLY PERFORMED DURING WEEKENDS WHEN CONSTRUCTION ACTIVITY MAY HAVE TAKEN PLACE, WHICH WOULD VIOLATED THE PERMIT.
D. DURING THE CSWEI