EPA v. SANCTUARY AT WEST HAVEN (BEAZER HOMES CORP)

Case summary

4/1/04 - COMPLIANCE ORDER ISSUED. RESPONDENT: BEAZER HOMES CORPORATION. FACILITY: SANCTUARY AT WEST HAVEN, DAVENPORT, FL. ON JULY 11, 2003, A STORM WATER EVALUATION INSPECTION (CSWEI) OF BEAZER HOMES CORPORATION, AT ITS FACILITY KNOWN AS SANCTUARY AT WEST HAVEN, REVEALED THAT BEAZER HOMES FAILED TO COMPLY AT ITS FACILITY AS FOLLOWS: NEITHER EPA NOR THE FLORIDA DEPT OF ENVIRONMENTAL PROTECTION HAVE A RECORD OF RECEIPT OF A NOTICE OF INTENT (NOI) IN THEIR RESPECTIVE DATABASES USED TO TRACK NOI SUBMISSIONS. A NOI IS REQUIRED BY THE PERMIT AND MUST BE SUBMITTED AT LEAST 2 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 THE PERMIT. AS A RESULT, BEAZER HOMES IS IN VIOLATION OF SECTIONS 301 AND 402(p) OF THE CWA. ORDER REQUIRES: WITHIN 7 CALENDAR DAYS OF RECEIPT OF THIS ORDER, BEAZER HOMES SHALL SUBMIT AN INDIVIDUAL PERMIT APPLICATION OR AN NOI FOR COVERAGE OF THE FAICLITY UNDER THE PERMIT. A COPY OF THE PERMIT APPLICATION OR NOI SHALL BE PROVIDED TO EPA AND FDEP. WITHIN 30 DAYS OF RECEIPT OF THIS ORDER, BEAZER HOMES SHALL DEVELOP AND IMPLEMENT A STORM WATER POLLUTION PREVENTION PLAN (SWPPP). WITHIN 40 CALENDAR DAYS OF RECEIPT OF THIS ORDER, 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 IS BMP PLAN COMPLIES WITH PART V OF THE PERMIT. WITHIN 7 CALENDAR DAYS OF RECEIPT OF THIS ORDER, BEAZER HOMES SHALL IMPLEMENT MAINTENANCE PROVISIONS AT ITS FACILITY TO ENSURE THAT TIMELY MAINTENANCE OF VEGETATION, EROSION AND SEDIMENT CONTROLS, STORMWATER MANAGEMENT PRACTICES, AND OTHER PROTECTIVE MEANSURES AND BMPs SO THEY WILL REMAIN IN GOOD AND EFFECTIVE OPERATION CONDITION BY PROVIDING ADEQUATE INLET PROTECTION AT ALL INLETS, ENSURE THAT ALL TRASH AND CONSTRUCTION DEBRIS IS COLLECTED, ALL STREETS ARE ADEQUATELY CLEANED OF SEDIMENTS, AND THAT THE CONCRETE WASHOUT AREAS ARE ADEQUATE, TO PREVENT SEDIMENTS AND OTHER CONTAMINANTS FROM ENTERING THE STORM WATER SYSTEM. WITHIN 14 CALENDAR DAYS OF RECEIPT OF THIS ORDER, BEAZER HOMES SHALL PROVIDE WRITTEN CERTIFICATION DESCRIBING THE CONSTROLS IT HAS INSTALLED, INCLUDING LOCATIONS. IMMEDIATELY UPON RECEIPT OF THIS ORDER, BEAZER HOMES MUST INSTITUTE AN INSPECTION PROGRAM AT ITS FACILITY FOR INSPECTING: ALL POINTS OF DISCHARGE TO SURFACE WATERS OR TO A MS4; DISTURBED AREAS OF THE CONSTRUCTION SITE THAT HAVE NOT BEEN FULLY 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 0.50 INCHES OF RAIN OR GREATER. WITHIN 14 CALENDAR DAYS OF RECEIPT OF THIS ORDER, BEAZER HOMES SHALL SUBMIT WRITTEN CERTIFICATION THAT THE INSPECTION PROGRAM HAS BEEN INSTITUTED AT ITS FACILITY. BEAZER HOMES SHALL ENSURE THAT REPORTS OF INSPECTION ARE KEPT IN ACCORDANCE WITH THE FDEP PERMIT. EVERY 30 CALENDAR DAYS FROM THE RECEIPT OF THIS ORDER, FOR A PERIOD OF 3 MONTHS, BEAZER HOMES SHALL SUBMIT COPIES OF ALL INSPECTION REPORTS MADE OR ITS FACILITY

Defendants (1)

• BEAZER HOMES CORPORATIONNamed in settlement

Facilities (1)

• SANCTUARY AT WEST HAVEN

  215 N. WESTMONTE DRIVE, DAVENPORT, FL, 00000

  Registry ID: 110017721410

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• SANCTUARY AT WEST HAVEN (BEAZER HOMES CORP) (COMPLIANCE ORDER)entered 2004-04-01

  Primary law: CWA

Timeline (3 milestones)

• 2004-04-01Final Order Issued
• 2004-05-12Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed