EPA v. RYLAND HOMES (EDEN ISLE AT SUMMERPORT)

Case summary

4/1/04 - COMPLIANCE ORDER ISSUED. VIOLATION: RYLAND HOMES STATED IN A FACSIMILE ON AUGUST 12, 2003, TO SAIC THAT THE NOTICE OF INTENT (NOI) WAS SUBMITTED ON JANUARY 8, 2002. NEITHER EPA NOR THE FDEP HAVE A RECORD OF RECEIPT OF THE NOI IN THEIR RESPECTIVE DATABASES USED TO TRACK NOI SUBMISSIONS. A NOI IS REQUIRED BY PART II.A.2 OF THE NPDES AND MUST BE SUMITTED AT LEAST TWO DAYS PRIOR TO COMMENCEMENT OF CONSTRUCTION. NO POSTING OF THE NOI OR A DESCRIPTION OF THE WORK TO BE COMPLETED WAS FOUND AT THE SITE AS REQUIRED BY PART II.C.2 OF THE NPDES PERMIT. ORDER REQUIRES: WITHIN 7 CALENDAR DAYS, RYLAND HOMES SHALL SUBMIT AN INDIVIDUAL PERMIT APPLICATION OR A NOI FOR COVERAGE OF THE FACILITY 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 A PERMIT COVERAGE NOTICE ISSUED BY EPA FOR EDEN ISLE AT SUMMERPORT, THEN RYLAND HOMES SHALL SUBMIT A COPY OF SUCH NOTICE TO BOTH EPA AND FDEP. SHOULD CONSTRUCTION AT THE EDEN ISLE AT SUMMERPORT SITE BE COMPLETE, THEN RYLAND HOMES SHALL COMPLETE A NOT AND PROVIDE A COPY TO BOTH EPA AND FDEP. WITHIN 30 DAYS, RYLAND HOMES SHALL DEVELOP AND IMPLEMENT A SWPPP. WITHIN 40 CALENDAR 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. WITHIN 7 CALENDAR DAYS, RYLAND 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 PROTECTIVE 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 THE TRANSFER OF SEDIMENTS TO THE PAVED STREETS, AND BY PROVIDING ADEQUATE STREET CLEANING SERVICES. WITHIN 14 CALENDAR DAYS, RYLAND HOMES SHALL PROVIDE WRITTEN CERTIFICATION DESCRIBING THE CONTROLS IT HAS INSTALLED, INCLUDING LOCATIONS. IMMEDIATELY, RYLAND 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 CALENDAR DAYS AND WITHIN 24 HOURS AFTER ANY STORM EVEN OF 0.5 INCHES OF RAIN OR GREATER. WITHIN 14 CALENDAR 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 CALENDAR DAYS, FOR A PERIOD OF 3 MONTHS, RYLAND HOMES SHALL SUBMIT COPIES OF ALL INSPECTION REPORTS MADE FOR ITS FACILITY

Defendants (1)

• RYLAND HOMESNamed in settlement

Facilities (1)

• EDEN ISLE AT SUMMERPORT

  14035 EDEN ISLE BLVD., WINDERMERE, FL, 34786

  Registry ID: 110017721465

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• RYLAND HOMES (EDEN ISLE AT SUMMERPORT)entered 2004-04-01

  Primary law: CWA

Timeline (3 milestones)

• 2004-04-01Final Order Issued
• 2004-07-01Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed