EPA v. BEAZER HOMES CORP (CUMBRIAN LAKES)

Case summary

4/1/04 - COMPLIANCE ORDER ISSUED. VIOLATIONS: NEITHER EPA NOR THE FDEP HAVE A RECORD OF RECEIPT OF A NOTICE OF INTENT (NOI) IN THEIR RESPECTIVE DATABASES USED TO TRACK NOI SUBMISSIONS. A NOI IS REQURED 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 THE FDEP COVERAGE NOTICE WAS FOUND AT THE SITE AS REQUIRED BY PART III.A.4 OF THE PERMIT. THE FDEP LOCATED NPDES PERMIT NO. FLR10G433 ISSUED TO BRIAR CORPORATION FOR CUMBRIAN LAKES. PLEASE PROVIDE INFORMATION REGARDING THE RELATIONSHIP OF BRIAR CORPORATION AND BEAZER HOMES. ORDER REQUIRES: WITHIN 7 CALENDAR DAYS, BEAZER HOMES SHALL SUBMIT AN INDIVIDUAL PERMIT APPLICATION OR A NOI FOR COVERAGE OF THE FACILITY UNDER THE 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 CUMBRIAN LAKES SITE TO BE COMPLETE, THEN BEAZER HOMES SHALL COMPLETE A NOT AND PROVIDE A COPY TO BOTH EPA AND FDEP. WITHIN 30 DAYS, BEAZER HOMES SHALL DEVELOP AND IMPLEMENT A SWPPP. WITHIN 40 CALENDAR DAYS, BEAZER 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 PERMIT. WITHIN 7 CALENDAR DAYS, BEAZER 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 ADEQUATE INLET PROTECTION AT ALL INLETS, PROVIDING THAT SILT FENCING WILL BE PROPERLY TRENCHED, THAT GRASS ALONG THE CURBS WILL BE ADEQUATE TO PREVENT SEDIMENT LOSS, THAT TRASH WILL BE PICKED-UP REGULARLY, AND THAT PAINT AND OTHER MATERIALS WILL NOT WASHED INTO THE STORM WATER SYSTEM. WITHIN 14 CALENDAR DAY, BEAZER HOMES SHALL PROVIDE WRITTTEN CERTIFICATION DESCRIBING THE CONTROLS IT HAS INSTALLED, INCLUDING LOCATIONS. IMMEDIATELY, BEAZER HOMES MUST INSTITUTE AN INSPECTION PROGRAM AT ITS FACILITY WHICH COMPLIES WITH PART V.D.4 OF THE PERMIT FOR INSPECTION: 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 EVERY 7 CALENDAR DAYS AND WITHIN 24 HOURS AFTER ANY STORM EVENT OF 0.5 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 SUBMIT COPIES OF ALL INSPECTION REPORTS MADE FOR ITS FACILITY

Defendants (1)

• BEAZER HOMES CORP.Named in settlement

Facilities (1)

• CUMBRIAN LAKES

  4717 CUMBRIAN LAKES BOULEVARD, KISSIMMEE, FL, 34761

  Registry ID: 110017721367

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• BEAZER HOMES CORP (CUMBRIAN LAKES)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