Citation Number:
2025-00006982.3

Date Issued:
Thu, Mar 26, 2026 2:00 PM

Status:
Final Order

Total Citation Amount:
$14,000.00

Name of Person Cited:
A HIMALAYA USA PROPERTIES LLC, C/O SKY PROPERTY MGT

Property in Violation:
268 CHERRY FARM LN
BOWLING GREEN KY 42104
PVA Parcel #: 053C10

Property Owner:
A HIMALAYA KY PROPERTIES LLC
PO BOX 396
PRINCETON JUNCTION NJ 085500396

Code Compliance Officer:
Dara Price

Inspection Date:
Thu, Mar 26, 2026 7:45 AM

Code:
BGKY C21 21.2.03.d Requirement to adhere to the COBG BMP Manual Public Infrastructure, Rights-of-Way and Stormwater / Stormwater Quality / Construction Site Stormwater Management

Code Description:
Requirements for the design, maintenance, and a menu of Best Management Practices (BMPs) are located in the City of Bowling Green Stormwater BMP Manual. Site construction in the City shall comply with the provisions of the BMP Manual. Stormwater Infrastructure and Sediment Control: • Storm pipes within the basin behind Buildings 6 and 7 must be cleared and restored to proper working condition. Approved Best Management Practices (BMPs), including but not limited to straw wattles, rock checks, or equivalent measures, must be installed and maintained to prevent sediment migration. Existing rutting and sediment displacement reflect ongoing site mismanagement and must be corrected. Improper Waste and Debris Management: • Construction debris, waste materials, and general trash are not properly contained. Immediate removal and lawful disposal of all debris from the site is required. Failure to Stabilize Exposed Soil: • All exposed soil areas lacking vegetative growth must be stabilized immediately using approved methods. In accordance with City of Bowling Green Ordinance, Chapter 21, exposed soil may not remain unstabilized for more than fourteen (14) days without active construction or stabilization. This includes the soil stockpile located at the front of the property, which must be stabilized if not actively in use. Hazardous Sinkhole Conditions: • Both sinkholes remain unaddressed despite prior notification. The sinkhole located near the rear porch of Building 3 has reopened and presents an immediate safety hazard to residents due to its proximity to occupied structures. This condition is unacceptable and must be addressed without delay. Required Engineered Sinkhole Remediation: • The sinkhole behind Building 6 requires a full engineered repair due to its impact on basin drainage capacity and overall site stability. The sinkhole behind Building 3 also requires engineered remediation and reinforcement, as previous corrective attempts have failed. Noncompliance with EPSC Requirements: • Previously permitted construction areas remain out of compliance with Erosion Prevention and Sediment Control (EPSC) standards. Required corrective actions include grading repair, site stabilization, and replacement or repair of failed drainage components, including pop-up emitters. Improper Grading and Drainage Failures: • Widespread grading deficiencies have resulted in rutting and standing water throughout the development. These conditions must be corrected immediately. Notable problem areas include behind Buildings 4, 1, and 2, where ponding indicates improper grading. Retaining Wall Failure and Sediment Discharge: • The retaining wall on the property is actively deteriorating and washing out, resulting in sediment being transported to the basin near the office trailer. This condition represents a failure of erosion control measures and must be immediately stabilized, repaired, and brought into compliance to prevent further sediment discharge. Illicit Discharge Violations: • Any discharge occurring without proper containment or authorization is strictly prohibited and must cease immediately. Appropriate containment and compliance measures must be implemented.

Code:
BGKY C21 21.2.04.a Illicit Discharge; Applicability, Responsibility Public Infrastructure, Rights-of-Way and Stormwater / Stormwater Quality / Illicit Discharge; Applicability; Responsibility

Code Description:
Other than naturally-occurring stormwater, no person shall discharge or cause to be discharged into the MS4, or any conveyance, any materials, including but not limited to pollutants or hazardous materials or waters containing any pollutants or hazardous materials that cause or contribute to a violation of applicable water quality standards. Allowable discharges that create or have the potential to create unsafe conditions on city streets or other public rights-of-way are prohibited. The commencement, conduct or continuance of any illegal discharge to the MS4 or any conveyance is prohibited. Stormwater Infrastructure and Sediment Control: • Storm pipes within the basin behind Buildings 6 and 7 must be cleared and restored to proper working condition. Approved Best Management Practices (BMPs), including but not limited to straw wattles, rock checks, or equivalent measures, must be installed and maintained to prevent sediment migration. Existing rutting and sediment displacement reflect ongoing site mismanagement and must be corrected. Improper Waste and Debris Management: • Construction debris, waste materials, and general trash are not properly contained. Immediate removal and lawful disposal of all debris from the site is required. Failure to Stabilize Exposed Soil: • All exposed soil areas lacking vegetative growth must be stabilized immediately using approved methods. In accordance with City of Bowling Green Ordinance, Chapter 21, exposed soil may not remain unstabilized for more than fourteen (14) days without active construction or stabilization. This includes the soil stockpile located at the front of the property, which must be stabilized if not actively in use. Hazardous Sinkhole Conditions: • Both sinkholes remain unaddressed despite prior notification. The sinkhole located near the rear porch of Building 3 has reopened and presents an immediate safety hazard to residents due to its proximity to occupied structures. This condition is unacceptable and must be addressed without delay. Required Engineered Sinkhole Remediation: • The sinkhole behind Building 6 requires a full engineered repair due to its impact on basin drainage capacity and overall site stability. The sinkhole behind Building 3 also requires engineered remediation and reinforcement, as previous corrective attempts have failed. Noncompliance with EPSC Requirements: • Previously permitted construction areas remain out of compliance with Erosion Prevention and Sediment Control (EPSC) standards. Required corrective actions include grading repair, site stabilization, and replacement or repair of failed drainage components, including pop-up emitters. Improper Grading and Drainage Failures: • Widespread grading deficiencies have resulted in rutting and standing water throughout the development. These conditions must be corrected immediately. Notable problem areas include behind Buildings 4, 1, and 2, where ponding indicates improper grading. Retaining Wall Failure and Sediment Discharge: • The retaining wall on the property is actively deteriorating and washing out, resulting in sediment being transported to the basin near the office trailer. This condition represents a failure of erosion control measures and must be immediately stabilized, repaired, and brought into compliance to prevent further sediment discharge. Illicit Discharge Violations: • Any discharge occurring without proper containment or authorization is strictly prohibited and must cease immediately. Appropriate containment and compliance measures must be implemented.

Code:
BGKY C21 21.2.04.i Failure to fulfill discharge monitoring requirements Public Infrastructure, Rights-of-Way and Stormwater / Stormwater Quality / Illicit Discharge; Applicability; Responsibility

Code Description:
This Section applies to all facilities that have stormwater discharges associated with industrial activity, including construction activity. 1. The City shall be permitted to enter and inspect facilities subject to regulation under this Section as often as may be necessary to determine compliance with this Section. If a discharger has security measures in force that require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow immediate access to representatives of the City. 2. Facility operators shall allow the City immediate access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law. 3. The City shall have the right to install on any permitted facility such devices as are necessary in the opinion of the Public Works Director or designee to conduct monitoring and/or sampling of the facility's discharge. 4. The City shall have the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure flow and quality shall be calibrated to ensure their accuracy. 5. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of City and shall not be replaced. The costs of clearing such access shall be borne by the operator. 6. Any interference with allowing the City access to a permitted facility is a violation of this Section. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits a violation if the person denies the City reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this Section. 7. If the City has been refused access to any part of the premises from which stormwater is discharged and is able to demonstrate probable cause to believe that there may be a violation of this Section, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this Section, or any order issued hereunder to protect the overall public health, safety and welfare of the community, the City may seek all appropriate remedies from any court of competent jurisdiction, including the issuance of a search warrant.

Code:
BGKY C21 21.2.04.j Failure to properly implement required BMPs Public Infrastructure, Rights-of-Way and Stormwater / Stormwater Quality / Illicit Discharge; Applicability; Responsibility

Code Description:
Requirement to prevent, control and reduce stormwater pollutants by the use of BMPs. The City shall review and approve BMPs for any activity, operation or facility that may cause or contribute to pollution, discharge of hazardous materials or has the potential to contaminate naturally occurring stormwater or waters of the United States. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or any conveyance through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise which is, or may be, the source of an illicit discharge may be required to implement, at such person's expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants or hazardous materials to the MS4 or any conveyance. These BMPs shall be part of a Stormwater Pollution Prevention Plan (SWPPP) as necessary for compliance with requirements of the NPDES permit.

Code:
BGKY C21 21.2.04.k Failure to protect a watercourse Public Infrastructure, Rights-of-Way and Stormwater / Stormwater Quality / Illicit Discharge; Applicability; Responsibility

Code Description:
Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing structures within or adjacent to a watercourse so that such structures will not become a hazard to the use, function or physical integrity of the watercourse. Stormwater Infrastructure and Sediment Control: • Storm pipes within the basin behind Buildings 6 and 7 must be cleared and restored to proper working condition. Approved Best Management Practices (BMPs), including but not limited to straw wattles, rock checks, or equivalent measures, must be installed and maintained to prevent sediment migration. Existing rutting and sediment displacement reflect ongoing site mismanagement and must be corrected. Improper Waste and Debris Management: • Construction debris, waste materials, and general trash are not properly contained. Immediate removal and lawful disposal of all debris from the site is required. Failure to Stabilize Exposed Soil: • All exposed soil areas lacking vegetative growth must be stabilized immediately using approved methods. In accordance with City of Bowling Green Ordinance, Chapter 21, exposed soil may not remain unstabilized for more than fourteen (14) days without active construction or stabilization. This includes the soil stockpile located at the front of the property, which must be stabilized if not actively in use. Hazardous Sinkhole Conditions: • Both sinkholes remain unaddressed despite prior notification. The sinkhole located near the rear porch of Building 3 has reopened and presents an immediate safety hazard to residents due to its proximity to occupied structures. This condition is unacceptable and must be addressed without delay. Required Engineered Sinkhole Remediation: • The sinkhole behind Building 6 requires a full engineered repair due to its impact on basin drainage capacity and overall site stability. The sinkhole behind Building 3 also requires engineered remediation and reinforcement, as previous corrective attempts have failed. Noncompliance with EPSC Requirements: • Previously permitted construction areas remain out of compliance with Erosion Prevention and Sediment Control (EPSC) standards. Required corrective actions include grading repair, site stabilization, and replacement or repair of failed drainage components, including pop-up emitters. Improper Grading and Drainage Failures: • Widespread grading deficiencies have resulted in rutting and standing water throughout the development. These conditions must be corrected immediately. Notable problem areas include behind Buildings 4, 1, and 2, where ponding indicates improper grading. Retaining Wall Failure and Sediment Discharge: • The retaining wall on the property is actively deteriorating and washing out, resulting in sediment being transported to the basin near the office trailer. This condition represents a failure of erosion control measures and must be immediately stabilized, repaired, and brought into compliance to prevent further sediment discharge. Illicit Discharge Violations: • Any discharge occurring without proper containment or authorization is strictly prohibited and must cease immediately. Appropriate containment and compliance measures must be implemented.

Code:
BGKY C21 21.3.05.b Property owner responsible for repair of sinkhole easements except single family and two family residential Construction, Repair, Permitting & Maintenance / Maintenance Responsibility

Code Description:
The property owner shall be responsible for all necessary repairs for any sinkhole collapse or damage to drainage structures which occur in a drainage easement other than a single or two-family residential.

Code:
BGKY C21 21.3.01.a Infrastructure not meeting specifications Public Infrastructure, Rights-of-Way and Stormwater / Construction, Repair, Permitting and Maintenance / Infrastructure Requirements

Code Description:
New infrastructure or alterations of existing infrastructure must meet specifications set forth in the City-County Planning Commission Subdivision Regulations, City of Bowling Green Stormwater BMP Manual, Kentucky Transportation Cabinet (KYTC) Specifications for Road and Bridge Construction, current edition, or other local, regional or national standards or regulations as determined by the Public Works Director or designee. This infrastructure includes, but is not limited to streets, sidewalks and drainage appurtenances. Infrastructure on private property may also be subject to the requirements set herein if there is potential for impacts to right-of-way or adjacent properties due to the construction.