4/20/05 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,500, PAYABLE ACCORDING TO THE FOLLOWING SCHEDULE:
A. WITHIN 1 MONTH, RESPONDENT SHALL PAY $1,875.00.
B. WITHIN 5 MONTHS, RESPONDENT SHALL PAY $1,875.00, PLUS INTEREST.
C. WITHIN 9 MONTHS, RESPONDENT SHALL PAY $1,875.00, PLUS INTEREST.
D. WITHIN 13 MONTHS, RESPONDENT SHALL PAY $1,875.00, PLUS INTEREST.
FACILITY: WAL-MART SUPERSTORE #5036, 1829 GALLERIA BLVD, CHARLOTTE, NC.
ALLEGED VIOLATIONS: RESPONDENT FAILED TO COMPLY WIT PARTS I.B.2, II.B.1, AND II.B.2, OF THE PERMIT BY FAILING TO TAKE CORRECTIVE ACTION IMMEDIATELY TO CONTROL THE DISCHARGE OF SEDIMENTS. RESPONDENT FAILED TO COMPLY WITH PARTS I.B.3 AND II.B.1 OF THE PERMIT BY FAILING TO KEEP A COMPLETE INSPECTION RECORD OF SEDIMENT RELEASES, AND EROSION AND SEDIMENT CONTROLS AT THE FACILITY. RESPONDENT FAILED TO COMPLY WITH PARTS I.A.2, I.C.1, AND I.C.2, II.B.1, II.B.2, AND II.C.1 OF THE PERMIT BY FAILING TO INSTALL AND MAINTAIN ADEQUATE TEMPORARY OR PERMANENT MEASURES TO CONTROL AND RETAIN SEDIMENT. THEREFORE, COMPLAINANT ALLEGES THAT RESPONDENT VIOLATED SECTION 301 AND 402(p) OF THE CWA BY FAILING TO COMPLY WITH THE PERMIT AND ALSO FOR DISCHARGES NOT AUTHORIZED BY THE PERMIT