EPA v. DR HORTON (FORESTBROOKE)

Case summary

4/7/04 - COMPLIANCE ORDER ISSUED. VIOLATION: A NOI FOR COVERAGE UNDER THE PERMIT IS REQUIRED BY PART III OF THE 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: WITHIN 7 CALENDAR 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 THE FORESTBROOKE SITE BE COMPLETE, THEN DR HORTON SHALL SUBMIT A NOTICE OF TERMINATION IN ACCORDANCE WITH PART VIII OF THE PERMIT WITHIN 7 CALENDAR DAYS. 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 EVENT OF 0.5 INCHES OF RAIN OR GREATER. WITHIN 14 CALENDAR DAYS, DR HORTON SHALL SUBMIT WRITTEN CERTIFICATION THAT 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.c 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. 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 ACROSS FROM LOT 40, REGULAR TRASH PICK-UP, STABILIZATION ON AREAS WHERE ACTIVE CONSTRUCTION IS NOT TAKING PLACE, RELOCATION OFPORTABLE TOILETS SO THAT THEY ARE NOT LOCATED OVER OR NEAR STORM WATER DRAINS, PROPER TRENCHING OF SILT FENCES, AND REGULAR STREET CLEANING TO PREVENT SEDIMENTS FROM ENTERING STORM DRAINS. WITHIN 14 CALENDAR DAYS, DR HORTON SHALL PROVIDE WRITTEN CERTIFICATION DESCRIBING THE CONTROLS IT HAS INSTALLED, INCLUDING LOCATIONS. 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 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 THE PERMIT

Defendants (1)

• DR HORTONNamed in settlement

Facilities (1)

• FORESTBROOKE

  41 PETEY COURT, OCONEE, FL, 34761

  Registry ID: 110017721526

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• DR HORTON (FORESTBROOKE)entered 2004-04-07

  Primary law: CWA

Timeline (3 milestones)

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