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ALLEGATIONS AND PROPOSED FINDINGS OF FACT 1. The Permittee owns and operates a construction site known as The Arbors at Deer Crossing (hereinafter "the Site") consisting of approximately 17 acres, located in Benton County, Arkansas. 2. Because of its size, stormwater discharge from the Site was eligible for coverage under General Permit No. ARR150000- Operator of Facilities with Stormwater Discharges Associated with Construction Activity (hereinafter "ARR150000") issued by ADEQ on November 1, 2008. ARR 150000 is a general stormwater discharge permit issued through the authority of the National Pollutant Discharge Elimination System, Arkansas state law and the Clean Water Act, 33 USC 1251, et seq. Application of ARR150000 is made by the issuance of a Notice of Coverage from ADEQ to the owner/operator of a particular construction site. Thereafter, all stormwater discharges shall fully comply with ARR150000. Notices of Coverage for this particular permit are designated with the identifier of "ARR15". 3. ADEQ determined the Site was eligible for coverage under ARR 150000 and issued a Notice of Coverage designated as General Permit Tracking Number ARR152991 to the Permittee on July 3, 2007. By virtue of the Notice of Coverage, Permittee was required as a matter of law to comply with General Permit No. ARR 150000. 4. ARR150000 required the Permittee to develop and implement a Stormwater Pollution Prevention Plan (hereinafter "SWPPP") for the Site. A SWPPP is required to be implemented as written from the initial commencement of construction until the completion of final stabilization. The purpose of the SWPPP is to "Ensure compliance with the terms and conditions of this permit [ARR150000]" as provided by Part II(A) of ARR150000."
5. On February 22, 2011, in response to a citizen complaint, an inspection of the site was conducted by ADEQ personnel. The inspection identified multiple violations. 6. ADEQ personnel identified that more than fourteen (14) days had passed since construction activities ceased and Site had not been stabilized by Permittee. 7. Part II (A)(4 )(H)(2)(d) of ARR150000 requires "Stabilization measures shall be initiated as soon as practicable in the portions of the site where construction activities have temporarily or permanently ceased, but in no case more that fourteen (14) days after the construction activity in that portion of the site has temporarily or permanently cease" as a requirement of Permittee's SWPPP. No exceptions to this requirement were claimed by Permittee or observed by ADEQ personnel. 8. Permittee's failure to stabilize the Site is a violation Part II (A)(4)(H)(2)(d) of the ARR150000, Permittee's SWPPP and thus Ark. Code Ann.§ 8-4-217(a)(3) which states, "It shall be unlawful for any person to ... [v]iolate any provisions of ... a permit issued ... by the Arkansas Department of Environmental Quality". 9. ADEQ personnel identified that sediment had been washed off several lots onto adjacent roads. 10. Part II(A)(4 )(H)(1 )(d) of ARR150000 required Permittee's SWPPP to address the escape of soil from a site providing that, "If sediment escapes the construction site, off-site accumulations of sediment must be removed at a frequency sufficient to minimize minimum off-site impacts." 11. Permittee had not removed sediment from the adjacent roads in violation of the terms of the ARR150000 and thus Ark. Code Ann. § 8-4-217(a)(3).
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Via: Certified Mail, Return Receipt Requested No. 91 7199 9991 ...

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