EPA v. DR HORTON (PARKSIDE AT ERROL ESTATES)

Case summary

4/1/04 - COMPLIANCE ORDER ISSUED. VIOLATION: A NOTICE OF INTENT FOR COVERAGE UNDER THE PERMIT IS REQUIRED BY PART III.A.2 OF THE NPDES PERMIT AND MUST BE SUBMITTED AT LEAST 2 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. ORDER REQUIRES: A. WITHIN 7 CALENDARS DAYS, DR HORTON SHALL SUBMIT AN INDIVIDUAL PERMIT APPLICATION OR AN NOI FOR COVERAGE OF THE ENTIRE FACILITY UNDER THE PERMIT, AND A COPY OF PERMIT COVERAGE NOTICE, IF APPLICABLE. SHOULD CONSTRUCTION AT PARKSIDE AT ERROR ESTATES BE COMPLETE, THE DR HORTON SHALL SUBMIT A NOTICE OF TERMINATION IN ACCORDANCE WITH PART VIII OF THE PERMIT WITHIN 7 CALENDAR DAYS OF RECEIPT OF THIS ORDER. B. WITHIN 7 CALENDAR DAYS OF RECEIPT OF THIS ORDER, 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 EVENT OF 0.5 INCHES OF RAIN OR GREATER. WITHIN 14 CALENDAR DAYS OF RECEIPT OF THIS ORDER, DR HORTON SHALL SUBMIT WRITTEN CERTIFICATION TAHT THE INSPECTION PROGRAM HAS BEEN INSTITUTED AT ITS FACILITY. DR HORTON SHALL ENSURE THAT REPORTS OF INSPECTIONS ARE KEPT IN ACCORDANCE WITH PART V.D.4.E OF THE PERMIT. EVERY 30 CALENDAR DAYS, FOR A PERIOD OF 3 MONTHS, DR HORTON SHALL SUBMIT COPIES OF ALL INSPECTION REPORTS MADE FOR ITS FACILITY. C. WITHIN 7 CALENDAR DAYS, DR HORTON 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 REMAIN IN GOOD AND EFFECTIVE OPERATING CONDITION, BY PROVIDING: ADEQUATE INLET PROTECTION AT ALL INLETS; REGULAR TRASH PICK-UP; STABILIZATION AT THE DETENTION POND TO LAKE HIAWATHA; RELOCATION OF PORTABLE TOILETS TO LOCATIONS THAT ARE NOT OVER OR NEAR STORM WATER DRAINS; AND PROPER AND CORRECT CLEANING OF SPILLS AS SOON AS POSSIBLE. WITH 14 DAYS, DR HORTON SHALL PROVIDE WRITTEN CERTIFICATION DESCRIBING THE CONTROLS IT HAS INSTALLED, INCLUDING LOCATIONS. D. WITHIN 30 CALENDAR DAYS, DR HORTON SHALL DEVELOP AND IMPLEMENT A SWPPP. WITHIN 40 CALENDAR DAYS, DR HORTON SHALL PROVIDE WRITTEN CERTIFICATION THAT IT HAS DEVELOP AND IMPLEMENTED ITS SWPPP, THAT IT KEEPS A COPY OF THE SWPPP ON SITE OR AN ACCESSIBLE LOCATION, AND THAT ITS BMP PLAN COMLIES WITH THE PERMI

Defendants (1)

• DR HORTONNamed in settlement

Facilities (1)

• PARKSIDE AT ERROL ESTATES

  1412 LAWSON PALM COURT, APOPKA, FL, 32712

  Registry ID: 110017721633

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• DR HORTON (PARKSIDE AT ERROL ESTATES) (COMPLIANCE ORDER)entered 2004-04-01

  Primary law: CWA

Timeline (3 milestones)

• 2004-04-01Final Order Issued
• 2004-06-17Enforcement Action Data Entered
• 2004-09-24Enforcement Action Closed