EPA v. MERRICK LANDING AT SUMMERPORT (RYLAND HOMES)

Case summary

4/1/04 - COMPLIANCE ORDER ISSUED. ON JULY 10, 2003, REPRESENTATIVES OF SAIC, A CONTRACTOR FOR EPA, PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI) AT THE FACILITY TO EVALUATE THE TREATMENT AND DISPOSAL OF STORM WATER AT THE FACILITY IN ACCORDANCE WITH THE CWA, THE REGULATIONS PROMULAGTED THEREUNDER AT 40 CFR 126.26, THE NPDES PERMIT. DURING THE CSWEI, SAIC INSPECTORS WERE NOT PROVIDED A COPY OF THE NOI. REPRESENTATIVES OF RYLAND HOMES STATED IN A FACSIMILE ON AUGUST 12, 2003, TO SAIC THAT THE NOI WAS SUBMITTED ON JANUARY 8, 2002. A RECORD OF THE SUBMISSION OF A NOI FOR THE FACILITY WAS NOT FOUND IN THE DATABASES MAINTAINED BY EPA AND FDEP. RYLAND HOMES HAS FAILED TO COMPLY WITH PART II.A OF THE NPDES PERMIT BY FAILING TO SUBMIT AN NOI AT LEAST 2 DAYS BEFORE COMMENCEMENT OF CONSTRUCTION. DURING THE CSWEI, INSPECTORS MADE THE FOLLOWING OBSERVATIONS: A. INLETS/OUTLETS WERE NOT ADEQUATELY PROTECTED, POSSIBLY ALLOWING SEDIMENTS TO BE DISCHARGED INTO THE STORM DRAINS. B. CONSTURCTION MATERIALS AND TRASH WERE NOT PROPERLY COLLECTED. C. GRASS BUFFERS AROUND THE RETENTION POND WERE NOT SUFFICIENT TO PREVENT SEDIMENT LOSS. D. STREETS NEEDED TO BE CLEANED DUE TO RAINFALL. THEREFORE, RYLAND HOMES HAS VIOLATED SECTION 301 AND 402(p) OF THE CWA, BY FAILING TO PROPERLY COMPLY WITH THE NPDES PERMIT. ORDER REQUIRES: A. WITHIN 7 DAYS, RYLAND HOMES SHALL SUBMIT AN INDIVIDUAL PERMIT APPLICATION OR A NOI FOR COVERAGE OF THE FACILIY UNDER THE FDEP PERMIT. A COPY OF THE PERMIT APPLICATION OR NOI SHALL BE PROVIDED TO EPA AND FDEP. IF RYLAND HOMES MAINTAINS A COPY OF THE PERMIT COVERAGE NOTICE ISSUED BY EPA FOR MERRICK LANDING AT SUMMERPORT, THEN RYLAND HOMES SHALL SUBMIT A COPY OF SUCH NOTICE TO BOTH EPA AND FDEP. SHOULD CONSTRUCTION AT THE MERRICK LANDING AT SUMMERPORT SITE BE COMPLETE, THEN RYLAND HOMES SHALL COMPLETE A NOT AND PROVIDE A COPY TO BOTH EPA AND FDEP. B. WITHIN 30 DAYS, RYLAND HOMES SHALL DEVELOP AND IMPLEMENT A SWPPP. WITHIN 40 DAYS, RYLAND HOMES SHALL PROVIDE WRITTEN CERTIFICATION THAT IT HAS DEVELOPED AND IMPLEMENTED ITS SWPPP, THAT IT KEEPS A COPY OF THE SWPPP ON SITE OR AN ACCESSIBLE LOCATION, AND THAT ITS BMP PLAN COMPLIES WITH PART V OF THE FDEP PERMIT. C. WITHIN 7 DAYS, RYALND HOMES SHALL IMPLEMENT MAINTENANCE PROVISIONS AT ITS FACILITY TO ENSURE THAT TIMELY MAINTENANCE OF VEGETATION, EROSION AND SEDIMENT CONTROLS, STORM WATER MANAGEMENT PRACTICES, AND OTHER PROTECTICE MEASURES AND BMPs SO THEY WILL REMAIN IN GOOD AND EFFECTIVE OPERATING CONDITION BY PROVIDING INLET PROTECTION TO ALL INLET/OUTLET STRUCTURES, PROVIDING ADEQUATE GRASS BUFFERS TO PREVENT TRANSFER OF SEDIMENTS TO THE PAVED STREETS, AND BY PROVIDING ADEQUATE STREET CLEANING SERVICES. WITHIN 14 DAYS, RYLAND HOMES SHALL PROVIDE WRITTEN CERTIFICATION DESCRIBING THE CONTROLS IT HAS INSTALLED, INCLUDING LOCATIONS. D. IMMEDIATELY UPON RECEIPT OF THIS ORDER, RYALDN HOMES MUST INSTITUTE AN INSPECTION PROGRAM AT ITS FACILITY WHICH COMPLIES WITH PART V.D.4 OF THE FDEP PERMIT FOR INSPECTING: ALL POINTS OF DISCHARGE TO SURFACE WATERS OR TO A MS4; DISTURBED AREAS OF THE CONSTRUCTION SITE THAT HAVE NOT BEEN FINALLY STABILIZED; AREAS USED FOR STORAGE OF MATERIALS THAT ARE EXPOSED TO PRECIPITATION; STRUCTURAL CONTROLS; AND LOCATIONS WHERE VEHICLES ENTER OR EXIT THE SITE, AT LEAST ONCE EVERY 7 DAYS AND WITHIN 24 HOURS AFTER ANY STORM EVENT OF 0.5 INCHES OR GREATER. WITHIN 14 DAYS, RYLAND HOMES SHALL SUBMIT WRITTEN CERTIFICATION THAT THE INSPECTION PROGRAM HAS BEEN INSTITUTED AT ITS FACILITY. RYLAND HOMES SHALL ENSURE THAT REPORTS OF INSPECTIONS ARE KEPT IN ACCORDANCE WITH PART V.D.4 OF THE FDEP PERMIT. EVERY 30 DAYS FROM THE RECEIPT OF THIS ORDER, FOR A PERIOD OF 3 MONTHS, RYLAND HOMES SHALL SUBMIT COPIES OF ALL INSPECTION REPORTS MADE FOR ITS FACILIT

Defendants (2)

• RYLAND HOMESNamed in settlement
• MERRICK LANDING AT SUMMERPORTNamed in settlement

Facilities (1)

• MERRICK LANDING AT SUMMERPORT

  6541 MERRICK LANDING BLVD., WINDERMERE, FL, 34786

  Registry ID: 110017721474

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• MERRICK LANDING AT SUMMERPORT (RYLAND HOMES)entered 2004-04-01

  Primary law: CWA

Timeline (3 milestones)

• 2004-04-01Final Order Issued
• 2004-06-25Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed