EPA v. BEAZER HOMES CORP. (WINDSOR LANDING)

Case summary

4/1/04 - ADMINISTRATIVE ORDER ISSUED. VIOLATIONS: NEITHER EPA NOR FDEP HAVE A RECORD OF RECEIPT OF A NOTICE OF INTENT IN THEIR RESPECTIVE DATABASES USED TO TRACK NOI SUBMISSIONS. A NOI IS REQUIRED BY PART III.A.1 OF THE PERMIT AND MUST BE SUBMITTED AT LEAST TWO DAYS PRIOR TO COMMENCEMENT OF CONSTRUCTION. NO POSTING OF THE NOI OR A COPY OF THE PERMIT COVERAGE NOTICE WAS FOUND AT THE SITE AS REQUIRED BY PART III.A.4 OF THE PERMIT. ORDER REQUIRES: A. WITHIN 7 CALENDAR DAYS, BEAZER 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 BEAZER HOMES MAINTAINS A COPY OF A PERMIT COVERAGE NOTICE, THEN BEAZER HOMES SHALL SUBMIT A COPY OF SUCH NOTICE TO BOTH EPA AND FDEP. SHOULD CONSTRUCTION AT THE WINDSOR LANDING SITE BE COMPLETE, THEN BEAZER HOMES SHALL COMPLETE A NOT AND PROVIDE A COPY TO BOTH EPA AND FDEP. B. WITHIN 30 DAYS, BEAZER HOMES SHALL DEVELOP AND IMPLEMENT A SWPP. WITHIN 40 DAYS, BEAZER HOMES SHALL PROVIDE WRITTEN CERTIFICATION THAT IT HAS DEVELOPED AND IMPLEMENTED ITS SWPPP, AND IT KEEPS A COPY OF THE SWPPP ON SITE OR AN ACCESSIBLE LOCATION, AND THAT ITS BMP PLAN COMPLIES WITH PART V OF THE PERMIT. C. WITHIN 7 CALENDAR DAYS, BEAZER SHALL IMPLEMENT MAINTENANCE PROVISIONS AT ITS FACILITY TO ENSURE THAT TIMELY MAINTENANCE OF VEGETATION, EROSION AND SEDIMENT CONTROLS, STORMWATER MANAGEMENT PRACTICES, AND OTHER PROTECTIVE MEASURES AND BMPs SO THEY WILL REMAIN IN GOOD AND EFFECTIVE OPERATING CONDITION BY PROVIDING ADEQUATE INLET PROTECTION AT ALL INLETS THROUGHOUT THE BEAZER HOMES PORTION OF THE DEVELOPMENT. WITHIN 14 CALENDAR DAYS, BEAZER HOMES SHALL PROVIDE WRITTEN CERTIFICATION DESCRIBING THE CONTROLS IT HAS INSTALLED, INCLUDING LOCATIONS. D. IMMEDIATELY UPON RECEIPT OF THIS ORDER, BEAZER HOMES MUST INSTITUTE AN INSPECTION PROGRAM AT ITS FACILITY WHICH COMPLIES WITH PART V.D.4 OF THE 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 OF ANY STORM EVEN OF 0.50 INCHES OF RAIN OR GREATER. WITHIN 14 CALENDAR DAYS, BEAZER HOMES SHALL SUBMIT WRITTEN CERTIFICATION THAT THE INSPECTION PROGRAM HAS BEEN INSTITUTED AT ITS FACILITY. BEAZER HOMES SHALL ENSURE THAT REPORTS OF INSPECTIONS ARE KEPT IN ACCORDANCE WITH PART V.D.4 OF THE PERMIT. EVERY 30 CALENDAR DAYS, FOR A PERIOD OF 3 MONTHS, BEAZER HOMES SHALL SUMBIT COPIES OF ALL INSPECTION RECORDS MADE FOR ITS FACILITY

Defendants (1)

• BEAZER HOMES CORP.Named in settlement

Facilities (1)

• WINDSOR LANDING

  205 CALLIOPE STREET, OCONEE, FL, 34761

  Registry ID: 110017721447

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• BEAZER HOMES CORP. (WINDSOR LANDING)entered 2004-04-01

  Primary law: CWA

Timeline (3 milestones)

• 2004-04-01Final Order Issued
• 2004-06-16Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed