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Federal, State and Local Agencies Coordinate Storm Water Enforcement Actions in North Carolina Under The Clean Water Act

Release Date: 12/12/2005
Contact Information: CONTACT: Dawn Harris-Young, EPA Media Relations, 404-562-8421

(ATLANTA – December 12, 2005) The U.S. Environmental Protection Agency (EPA) and the North Carolina Department of Environment and Natural Resources (NCDENR) in conjunction with the City of Charlotte Land Development Division (the City), Mecklenburg County Water Quality Division (the County), Cabarrus County Commerce Department and the Gaston County Natural Resources Department coordinated compliance and enforcement actions to address violations of the Clean Water Act (CWA), associated with the improper handling of storm water discharge at construction sites in the Charlotte area. These activities have resulted in adverse impacts on water quality.

Inspections were performed during the months of April 2004 through March 2005 at construction sites within the Charlotte area. Each site was evaluated based upon compliance with the NCDENR “General Permit to Discharge Stormwater under the National Pollutant Discharge Elimination System” Permit. EPA and NCDENR evaluated the facilities’ impact on the receiving streams and their compliance with the federal and state storm water regulations and the CWA.

As a result of this effort, EPA has assessed penalties against eight construction sites. These companies have settled with EPA, signed Consent Agreement and Final Orders and agreed to pay the following civil penalties.

Overcash Gravel and Grading Company, Inc., for Heartland Place Subdivision in Cabarrus County - $13,500

Overcash Gravel and Grading Company, Inc., for Yates Mill in Cabarrus County - $39,500

Progressive Development Partners of Sardis, LLC, for Wal-Mart in the City of Charlotte and Mecklenburg County - $7,500

Ramey, Inc., for Autumn Woods in Gaston County - $50,000

Real Estate Development Partners, for Food Lion/Winecoff Commons in Cabarrus County - $33,000

North Star Investors II, LLC, for Reflection Pointe 1 in Gaston County - $6,500

North Star Investors II, LLC, for Reflection Pointe 2 in Gaston County - $6,500

North Star Investors II, LLC, for Reflection Pointe3 & 4 in Gaston County - $6,000

Storm water runoff from construction activities can have a significant impact on water quality which contributes sediment and other pollutants exposed at construction sites. Polluted storm water runoff is a leading cause of impairment to the nearly 40 percent of surveyed U.S. water bodies which do not meet water quality standards. Over land or via storm sewer systems, polluted runoff is discharged, often untreated, directly into local water bodies. When left uncontrolled, this water pollution can result in the destruction of fish, wildlife, and aquatic life habitats; a loss in aesthetic value; and threats to public health due to contaminated food, drinking water supplies, and recreational waterways.

Mandated by Congress under the Clean Water Act, the NPDES Storm Water Program is a comprehensive two-phased national program for addressing the non-agricultural sources of storm water discharges which adversely affect the quality of our nation’s waters. The Program uses the National Pollutant Discharge Elimination System (NPDES) permitting mechanism to require the implementation of controls designed to prevent harmful pollutants from being washed by storm water runoff into local water bodies.