EPA v. CENTEX HOMES (BUCKLEIGH SUBDIVISION)

Case summary

4/20/04 - COMPLIANCE ORDER ISSUED. VIOLATIONS: FAILURE TO TAKE CORRECTIVE ACTION IMMEDIATELY TO CONTROL THE DISCHARGE OF SEDIMENTS; FAILURE TO PROPERLY KEEP A RECORD OF THE EROSION AND SEDIMENT CONTROL FACILITY INSPECTIONS. FAILURE TO ADEQUATELY INSTALL AND/OR MAINTAIN TEMPORARY OR PERMANENT MEASURES TO CONTROL AND RETAIN SEDIMENT, INCLUDING SILT FENCING; FAILING TO INSTALL AND/OR MAINTAIN OUTFALL PROTECTION, SPECIFICALLY RIP RAP APRONS TO SPECS IN PLAN AND CHECK DAMS; LACK OF ADEQUATE GROUNDCOVER ON THE SLOPES OF SEDIMENTATION BASINS; LACK OF DIVERSION DITCHES AND CHECK DAMS AS SHOWN ON THE PLAN; LACK OF STREAM BUFFERS; GRADING OUTSIDE OF INDICATED CLEARING LIMITS; AND LACK OF GROUNDCOVER ON SLOPES THROUGHOUT SITE WHERE CONSTRUCTION HAS CEASED FOR MORE THNA 15 DAYS. ORDER REQUIRES: WITHIN 7 CALENDAR DAYS, CENTEX SHALL TAKE CORRECTIVE ACTION TO CONTROL THE DISCHARGE OF SEDIMENTS FROM THE FACILITY, INCLUDING SILT FENCING INSTALLATION AND MAINTENANCE, OUTFALL PROTECTION, STREAM BUFFERS, AND SEDIMENTATION BASIN CONSTRUCTION AND MAINTENANCE. WITHIN 7 CALENDAR DAYS, CENTEX SHALL INSTALL AND MAINTAIN CHECK DAMS AND DIVERSION DITCHES AS SHOWN ON THE PLAN AT THE FACILITY, TO DIRECT THE FLOW OF WATER AND SEDIMENT INTO SEDIMENTATION BASINS. WITHIN 7 CALENDAR DAYS, CENTEX SHALL PROVIDE OPERATION AND MAINTENANCE BY REPAIRING THE SILT FENCE IN NEED OF MAINTENANCE; PROVIDING OUTLET PROTECTION, RIP RAP APRONS CONSTRUCTED TO SPECS, AND SLOPE STABILIZATION AT THE SEDIMENTATION BASINS; AND PROVIDING SLOPE STABILIZATION THROUGHOUT SITE WHERE CONSTRUCTION HAS CEASED FOR MORE THAN 15 DAYS. WITHIN 14 CALENDAR DAYS, CENTEX SHALL PROVIDE WRITTEN NOTIFICATION STATING WHEN THE REPAIRS OR MAINTENANCE WERE ACHIEVED. CENTEX SHALL ADEQUATELY DOCUMENT EROSION AND SEDIMENT CONTROL FACILITY INSPECTIONS AT THE FACILITY. EVERY 30 CALENDAR DAYS, FOR A PERIOD OF 3 MONTHS, CENTEX SHALL SUBMIT COPIES OF ALL INSPECTION REPORTS TO EPA AND THE CITY OF CHARLOTTE - LAND DEVELOPMENT DIVISION.

Defendants (1)

• CENTEX HOMESNamed in settlement

Facilities (1)

• BUCKLEIGH

  3502 ROCKY RIVER ROAD, CHARLOTTE, NC, 28217

  Registry ID: 110017721919

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• CENTEX HOMES (BUCKLEIGH SUBDIVISION)entered 2004-04-20

  Primary law: CWA

Timeline (3 milestones)

• 2004-04-20Final Order Issued
• 2004-07-01Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed