EPA v. Garden Homes

Case summary

The complaint alleged the company violated numerous stormwater requirements at ten of the company's sites in New Jersey by failing to conduct and document weekly inspections; failing to install perimeter silt fencing along the perimeter of construction sites; failing to maintain a spill kit on-site; and allowing fuel to spill on the ground uphill from an unprotected catch basin, among other allegations. The violations at issue in this case were found at multiple construction sites owned and/or operated by the Defendant through their affiliates. These repetitive violations continued to persist despite two administrative penalty actions taken by the EPA against affiliates of the Defendant. The Consent Decree requires the payment of a civil penalty, implementation of a corporate-wide construction stormwater compliance program which includes the designation of a Company Stormwater Manager, Site Stormwater Managers, quarterly oversight inspections, mandatory training, Best Management Practices as well as the completion of a SEP. The SEP includes the donation of over 100 acres of wetlands and forests in Morris County, NJ to a conservation entity.

Defendants (18)

• Garden HomesNamed in complaintNamed in settlement
• Riverfront Developers LLCNamed in complaint
• River Vale Developers LLCNamed in complaint
• Allendale Whitney LLCNamed in complaint
• Scenic Ridge Lopatcong LLCNamed in complaint
• Bloomfield Belleville AssociatesNamed in complaint
• Nordan Realty CorporationNamed in complaint
• Sunset Ridge Developers LLCNamed in complaint
• Clark Developers LLCNamed in complaint
• Garden Homes Commercial PropertiesNamed in complaint
• Garden Homes Realty CorporationNamed in complaint
• Monroe 33 Developers LLC
• Edison Route 27 Associates LLC
• Fair Lawn Promenade LLC
• North Brunswick TOD Associates LLC
• Raritan Junction LLC
• Dunhams Farm Developers LLCNamed in complaint
• 351 Molnar Associates LLCNamed in complaint

Facilities (10)

• SCENIC RIDGE ESTATES

  BELVIDERE ROAD, PHILLIPSBURG, NJ, 08865

  Registry ID: 110064406879

• BEL AIR WOODS

  MOUNT PLEASANT AVENUE, LIVINGSTON, NJ, 07039

  Registry ID: 110055175082

• RIVERFRONT AT CRANFORD STATION

  SOUTH AVE EAST & HIGH STREET, CRANFORD, NJ, 07016

  Registry ID: 110064406762

• THE WHITNEY

  CHESTNUT STREET, ALLENDALE, NJ, 07401

  Registry ID: 110064407930

• ALTAIR CONDOMINIUMS

  351 MOLNAR DRIVE, ELMWOOD PARK, NJ, 07407

  Registry ID: 110064405451

• BLOOMFIELD REDEVELOPMENT

  221-225 BELLEVILLE AVENUE, BLOOMFIELD, NJ, 07003

  Registry ID: 110064405521

• THE RESERVE AT BEL AIR

  HAGGERTY DRIVE, WEST ORANGE, NJ, 07052

  Registry ID: 110055175108

• ESTATES AT DUNHAMS FARM

  475 DUNHAM'S CORNER ROAD, SOUTH BRUNSWICK, NJ, 08816

  Registry ID: 110064406619

• CHERRY WOOD

  660 POPULAR ROAD, RIVER VALE, NJ, 07675

  Registry ID: 110064406307

• CLARK DEVELOPERS

  292 TERMINAL AVENUE, CLARK, NJ, 07066

  Registry ID: 110046293079

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (2)

• Garden Homesentered 2018-06-05

  Primary law: CWA

• Garden Homesentered 2015-09-16

  Primary law: CWA

  Federal penalty: $225,000 · SEP: $781,000

Timeline (7 milestones)

• 2013-06-26Referred To Dept Of Justice
• 2013-07-16Enforcement Action Data Entered
• 2015-05-29Complaint Filed With Court
• 2018-06-04Final Order Lodged
• 2018-06-05Final Order Entered
• 2020-12-04Enforcement Action Closed
• 2020-12-04NPDES Closed