EPA v. BEAZER HOMES CORP (NONA CREST)

Case summary

4/1/04 - COMPLIANCE ORDER ISSUED. VIOLATIONS: NEITHER EPA NOR THE FLORIDA DEPT OF ENVIRONMENTAL PROTECTION (FDEP) HAVE A RECORD OF RECEIPT OF A NOTICE OF INTENT (NOI) IN THEIR RESPECTIVE DATABASES USED TO TRACK NOI SUBMISSION. A NOI IS REQUIRED BY PART II.A.2 OF THE NPDES PERMIT AND MUST BE SUBMITTED 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. THE FDEP LOCATED NPDES PERMIT NO. FLR10H940 ISSUED TO LA VINA TRUST TO CFG. PLEASE PROVIDE INFORMATION REGARDING THE RELATIONSHIP OF LA VINA TRUST TO CFG AND BEAZER HOMES. ORDER REQUIRES: WITHIN 7 CALENDAR DAYS, BEAZER HOMES SHALL SUBMIT AN INDIVIDUAL PERMIT APPLICATION OR 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 HOME 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 NONA CREST SITE BE COMPLETE, THEN BEAZER HOMES SHALL SUBMIT A NOT 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, THAT GRASS ALONG THE CURBS WILL BE ADEQUATE TO PREVENT SEDIMENT LOSS, THAT TRASH AND CONSTRUCTION DEBRIS WILL BE PICKED-UP REGULARLY, STREETS ARE CLEANED ON A REGULARLY BASIS TO PREVENT SEDIMENT LOSS AND THAT ALL FUEL TANKS ARE DOUBLED WALLED AND HAVE SECONDARY CONTAINMENT. WITHIN 14 CALENDAR DAYS, BEAZER HOMES SHALL PROVIDE WRITTEN 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 INSPECTING: ALL POINTS OF DISCHARGE TO SURFACE WATERS OR TO A MS4; DISTURBED AREAS OF THE CONSTRUCTION SITE THAT HAVE NOT BEEN FINALLY STABLIZED; 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 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 CORPORATIONNamed in settlement

Facilities (1)

• NONA CREST

  9001 NARCOOSSEE ROAD, ORLANDO, FL, 00000

  Registry ID: 110017721358

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• BEAZER HOMES CORP (NONA CREST)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