EPA v. DR HORTON (SPRING LAKE VILLAGE)

Case summary

4/5/04 - COMPLIANCE ORDER ISSUED. VIOLATIONS: 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, OR BY JUNE 1, 2003, IN CASES WHERE CONSTRUCTION STARTED PRIOR TO THE EFFECTIVE DATE OF THE PERMIT. NO PROMINENT POSTING OF THE NOI WAS FOUND AT THE SITE, AS REQUIRED BY PART III.C.2 OF THE PERMIT. A COPY OF A PERMIT COVERAGE NOTICE WAS RECEIVED BY FACSIMILE FROM DR HORTON ON FEBRUARY 9, 2004. THE PERMIT COVERAGE NOTICE WAS FROM THE FDEP GRANTING COVERAGE AS OF SEPTEMBER 5, 2003. HOWEVER, ACCORDING TO THE INFORMATION PROVIDED IN THE CSWEI, CONSTRUCTION ACTUALLY BEGAN IN AUGUST 2002; AN NOI SHOULD HAVE BEEN SUBMITTED TWO DAY BEFORE CONSTRUCTION BEGAN. WITHIN 7 CALENDAR DAYS, DR HORTON MUST INSTITUTE AN INSPECTION PROGRAM AT ITS FACILITY WHICH COMPLIES WITH PART V.D.4 OF THE PERMIT. SUCH INSPECTIONS SHALL OCCUR AT LEAST ONCE EVERY 7 CALENDAR DAYS AND WITHIN 24 HOURS AFTER ANY STORM EVEN OF 0.5 INCHES OF RAIN OR GREATER. WITHIN 14 CALENDAR DAYS OF RECEIPT OF THIS ORDER, DR HORTON SHALL SUBMIT WRITTEN CERTIFICATION THAT THE INSPECTION PROGRAM HAS BEEN INSTITUTED AT ITS FACILITY. DR HORTON SHALL ENSURE THAT REPORTS OF INSPECTIONS AR KEPT IN ACCORDANCE WITH PART V.D.4.C OF THE PERMIT. EVERY 30 CALENDAR DAYS FROM THE RECEIPT OF THIS ORDER, FOR A PERIOD OF 3 MONTHS, DR HORTON SHALL SUBMIT COPIES OF ALL INSPECTION REPORTS MADE FOR ITS FACILITY. WITHIN 7 CALENDAR DAYS, DR HORTON SHALL AMEND ITS SWPPP IN ACCORDANCE WITH PART V OF THE PERMIT TO INCLUDE A SITE MAP WHICH IDENTIFIES THE LATITUDE AND LONGITUDE OF DISCHARGE POINTS, THE NAME OF THE RECEIVING WATER AND THE AMOUNT OF ANY WETLAND ACREAGE AT THE SITE. WITHIN 14 CALENDAR DAYS, DR HORTON SHALL PROVIDE WRITTEN CERTIFICATION THAT IT HAS AMENDED ITS SWPPP ACCORDINGLY. WITHIN 2 CALENDAR DAYS, DR HORTON SHALL IMPLEMENT MAINTENANCE PROVISIONS AT ITS FACILITY TO ENSURE THE 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, REPAIRING THE EROSION IN THE GRASS BUFFER AT THE DETENTION POND IN PHASE 3, AND PERFORMING ADEQUATE STREET CLEANING TO PREVENT LOSS OF THE SEDIMENTS FROM PAVED STREETS INTO THE STORM WATER SYSTEM. WITHIN 14 CALENDAR DAYS, DR HORTON SHALL PROVIDE WRITTEN CERTIFICATION DESCRIBING THE CONTROLS IT HAS IMPLEMENTED, INCLUDING LOCATIONS. WITHIN 14 DAYS, DR HORTON SHALL SUBMIT CERTIFICATION STATEMENTS FOR ALL ITS CONTRACTORS OR SUBCONTRACTORS AT ITS FACILITY THAT WILL IMPLEMENT ANY OF THE CONTROL MEASURES IDENTIFIED IN THE SWPPP. WITHIN 14 CALENDAR DAYS, DR HORTON SHALL PROVIDE SOIL STABILIZATION ON AREAS WHERE CONSTRUCTION ACTIVITIES HAVE TEMPORARILY OR PERMANENTLY CEASED AT ITS FACILIT

Defendants (1)

• DR HORTONNamed in complaintNamed in settlement

Facilities (1)

• SPRING LAKE VILLAGE

  3797 BOGGY CREEK ROAD, KISSIMMEE, FL, 34744

  Registry ID: 110017721642

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• DR HORTON (SPRING LAKE VILLAGE)entered 2004-04-05

  Primary law: CWA

Timeline (3 milestones)

• 2004-04-05Final Order Issued
• 2004-07-01Enforcement Action Data Entered
• 2004-09-24Enforcement Action Closed