EPA v. BEAZER HOMES (MONTEITH PLACE PHASES 1 & 2)

Case summary

4/20/04 - COMPLIANCE ORDER ISSUED. VIOLATIONS: 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; LACK OF ADEQUATE INSTALLATION AND MAINTENANCE OF SEDIMENTATION BASINS, SUCH AS FAILURE TO STABILIZE SLOPES, INSTALLATION OF DIVERSION DITCHES, AND FAILURE TO MAINTAIN SILT BUILD-UP WITHIN SEDIMENTATION BASINS (BASIN A, B, AND C). THE FACILITY FAILED TO INSTALL STORM SEWER AND CURB INLET PROTECTION, AND FAILED TO INSTALL ADEQUATE EROSION AND CONTROL MEASURES AT CREEK CROSSING SUCH AS NO CLASS 1 RIP-RAP AT ENDS OF CROSSING PIPE AND NO WASH STONE OVER CROSSING PIPE. ORDER REQUIRES: WITHIN 7 CALENDAR DAYS, BEAZER HOMES SHALL IMPLEMENT THE PLAN AS APPROVED, IN INSTANCE THE FACILITY NEEDS TO INSTALL DIVERSION DITCHES AND STABILIZE SLOPES OF SEDIMENTATION BASINS (BASINS A, B, AND C); WITHIN 7 CALENDAR DAYS, BEAZER HOMES SHALL, PROVIDE OPERATION AND MAINTENANCE BY REPAIRING THE SILT FENCE IN NEED OF MAINTENANCE AROUND SEDIMENT TRAP ON HEATH GROVE DRIVE, AT THE DEAD END AT VANDEMERE, AT STORM SEWER LOCATED ADJACENT TO SED BASIN ON HEATH GROVE DRIVE, 10 FEET OFF TOP OF BANK OF THE JURISDICTIONAL STREAM, AT CURB INLETS ALONG PAVED ROADS, AND MAINTAIN SILT BUILD-UP WITHIN SEDIMENTATION BASINS A, B, AND C. WITHIN 14 CALENDAR DAYS, BEAZER HOMES SHALL PROVIDE WRITTEN NOTIFICATION STATING WHEN THE REPAIRS OR MAINTENANCE WERE ACHIEVED. BEAZER HOMES SHALL ADEQUATELY DOCUMENT EROSION AND SEDIMENT CONTROL FACILITY INSPECTIONS AT THE FACILITY. EVERY 30 DAYS, FOR A PERIOD OF 3 MONTHS, BEAZER SHALL SUBMIT COPIES OF ALL INSPECTION REPORTS TO EPA AND TO THE MECKLENBURG COUNTY GOVERNMENT LAND USE AND ENVIRONMENTAL SERVICES AGENCY. BEAZER HOMES SHALL ADEQUATELY DOCUMENT EROSION AND SEDIMENT CONTROL FACILITY INSPECTIONS AT THE FACILITY. EVERY 30 CALENDAR DAYS, FOR A PERIOD OF 3 MONTHS, BEAZER SHALL SUBMIT COPIES OF ALL INSPECTION REPORTS TO EPA AND THE CITY OF CHARLOTTE - LAND DEVELOPMENT DIVISION

Defendants (1)

• BEAZER HOMESNamed in settlement

Facilities (1)

• MONTEITH PLACE PHASE 1 & 2

  13101 OLD STATESVILLE ROAD, HUNTERSVILLE, NC, 28078

  Registry ID: 110017722295

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• BEAZER HOMES (MONTEITH PLACE PHASES 1 & 2)entered 2004-04-20

  Primary law: CWA

Timeline (3 milestones)

• 2004-04-20Final Order Issued
• 2004-06-30Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed