EPA v. PLANTATION POINTE AT SAVANNAH LAKES (RYLAND HOMES)

Case summary

12/22/03 - COMPLIANCE ORDER ISSUED. RYLAND HOMES VIOLATED SECTIONS 301 AND 402(p) OF THE CWA BY FAILING TO OBTAIN COVERAGE UNDER THE KPDES PERMIT FOR STORMWATER DISCHARGES FROM ITS FACILITY. ORDER REQUIRES: A. WITHIN 7 CALENDAR DAYS OF RECEIPT OF ORDER, RYLAND HOMES SHALL EITHER SUBMIT TO KDEP AND EPA AN INDIVIDUAL PERMIT APPLICATION, OR APPLY FOR COVERAGE UNDER THE KPDES PERMIT VIA AN NOI FOR PLANTATION POINTE AT SAVANNAH LAKES. B. WITHIN 30 CALENDAR DAYS OF RECEIPT OF ORDER, AND AFTER SUBMITTAL OF THE NOI REQUIRED ABOVE, RYLAND HOMES SHALL DEVELOP AND IMPLEMENT A BMP PLAN FOR ITS FACILITY AS REQUIRED BY PART IV OF THE PERMIT. WITHIN 40 CALENDAR DAYS OF RECEIPT OF THIS ORDER, RYLAND HOMES SHALL PROVIDE WRITTEN CERTIFICATION THAT IT HAS DEVELOPED AND IMPLEMENTED ITS BMP PLAN, THAT IT KEEPS A COPY OF THE BMP PLAN ON SITE, AND THAT ITS BMP PLAN COMPLIES WITH PART IV OF THE PERMIT. IN ADDITION, RYLAND HOMES' CERTIFICATION MUST ALSO PROVIDE DOCUMENTATION THAT THE FOLLOWING DEFICIENCIES NOTED DURING THE CSWEI HAVE BEEN ADDRESSED: (1) INSTITUTION OF AN INSPECTION PROGRAM AT ITS FACILITY WHICH COMPLIES WITH PART IV.F OF THE PERMIT FOR INSPECTING ALL STORM WATER CONTROL MEASURES, DISCHARGES LOCATIONS, VEHICLE EXITS, DISTURBED AREAS AND MATERIAL STORAGE AREAS AT LEAST ONCE EVERY 7 CALENDAR DAYS AND WITHIN 24 HOURS AFTER ANY STORM EVENT OF 0.5 INCHES OF RAIN OR GREATER. RYLAND HOMES SHALL ENSURE THAT REPORTS OF INSPECTIONS ARE KEPT IN ACCORDANCE WITH PART IV.F OF THE PERMIT. EVERY 30 CALENDAR DAYS FROM THE RECEIPT OF THE ORDER, FOR A PERMIT OF 3 MONTHS, RYLAND HOMES SHALL SUBMIT COPIES OF ALL INSPECTION REPORTS TO EPA AND KDEP. (2) PROVIDE SILT FENCES OR OTHER EQUIVALENT STRUCTURAL PRACTICES ON ALL SIDE AND DOWN SLOPE BORDERS OF THE FACILITY AND PROVIDE MAINTENANCE WHICH SHALL INCLUDE REPAIRING AND INSTALLING SILT FENCING AROUND INDIVIDUAL LOTS UNDER CONSTRUCTION; (3) PROVIDE INLET/OUTLET PROTECTION THROUGHOUT THE SITE; (4) REMOVE THE SEDIMENTS FROM THE OUTFALL BEHIND LOT NO. 6

Defendants (1)

• RYLAND HOMESNamed in complaintNamed in settlement

Facilities (1)

• PLANTATION POINTE AT SAVANNAH LAKES (RYLAND HOMES)

  ROUTE 536, FLORENCE, KY, 41042

  Registry ID: 110016665642

Statutes cited

• CWA 308 — Information Request, Records, Entry
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• PLANTATION POINTE AT SAVANNAH LAKES (RYLAND HOMES)entered 2003-12-22

  Primary law: CWA

Timeline (3 milestones)

• 2003-12-22Final Order Issued
• 2004-01-07Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed