EPA v. RICHMOND AMERICAN HOMES OF VIRGINIA INC (NATIONAL CASE)

Case summary

REGION 3 HAS SENT A REFERRAL TO THE DEPARTMENT OF JUSTICE SEEKING THE INITIATION OF A CIVIL ENFORCEMENT ACTION AGAINST RICHMOND AMERICAN HOMES OF VIGINIA, INC. (RAHV) FOR ITS VIOLATIONS OF THE CLEAN WATER ACT. RAHV IS ONE OF A FAMILY OF CORPORATIONS, SUBSIDIARIES OF M.D.C. HOLDINGS, INC., OF DENVER, COLORADO, WHICH CONSTRUCT HOMES AT SITES IN SEVERAL STATES ACROSS THE COUNTRY, INCLUDING PENNSYLVANIA, MARYLAND, VIRGINIA, ARIZONA AND COLORADO. AT ITS NINE SITES IN VIRGINIA, RAHV HAS FAILED TO COMPLY WITH REQUIREMENTS OF A GENERAL PERMIT GOVERNING STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES. THAT PERMIT HAD BEEN ISSUED BY VIRGINIA PURSUANT TO VIRGINIA'S EPA APPROVED IMPLEMENTATION OF THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM OF THE CLEAN WATER ACT. AT THE VARIOUS SITES RAHV EITHER FAILED TO FILE DOCUMENTS QUALIFYING IT FOR COVERAGE UNDER THE PERMIT, FAILED TO TIMELY DEVELOP STORM WATER POLLUTION PREVENTION PLANS FOR THE CONSTRUCTION SITES AS REQUIRED BY THE PERMIT, OR FAILED TO CONDUCT REQUIRED INSPECTIONS OF THE SITES. IN ADDITION TO INJUNCTIVE RELIEF COMPELLING COMPLIANCE WITH THE PERMIT, EPA SEEKS CIVIL PENALTIES. “A complete list of the construction sites covered by this settlement is included in Appendix A of the complaint and Appendix M of the consent decree. This information is also available on the EPA website, Compliance and Enforcement, Newsroom, Cases and Settlements. http://cfpub.epa.gov/compliance/cases/.” The case summary information can be seen by the public in ECHO after the consent decree is lodged.

Defendants (1)

• RICHMOND AMERICAN HOMES OF VIRGINIA, INCNamed in complaintNamed in settlement

Facilities (1)

• RICHMOND AMERICA HOMES OF VA

  3701 PENDER DRIVE, SUITE 200, FAIRFAX, VA, 22030

  Registry ID: 110018935321

Statutes cited

• CWA 308 — Information Request, Records, Entry
• CWA 301/402 — NPDES Permit Violations
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• RICHMOND AMERICAN HOMES OF VIRGINIA IINC (NC)entered 2008-07-23

  Primary law: CWA

  Federal penalty: $81,778 · State/local: $87,000

Timeline (8 milestones)

• 2005-09-28Referred To Dept Of Justice
• 2005-09-28Referred To Headquarters
• 2008-06-11Complaint Filed With Court
• 2008-06-11Final Order Lodged
• 2008-06-16Enforcement Action Data Entered
• 2008-07-23Concluded
• 2008-07-23Final Order Entered
• 2012-04-27Enforcement Action Closed