EPA v. BEAZER HOMES USA, INC. (SUMMER MEADOWS SUBDIVISION)

Case summary

5/19/04 - COMPLIANCE ORDER ISSUED. VIOLATIONS: 1. FAILURE TO TAKE CORRECTIVE ACTION IMMEDIATELY TO CONTROL THE DISCHARGE OF SEDIMENTS. 2. FAILURE TO MAINTAIN COMPLETE RECORDS OF THE EROSION AND SEDIMENT CONTROL INSPECTIONS. 3. FAILURE TO ADEQUATELY INSTALL AND/OR MAINTAIN TEMPORARY OR PERMANENT MEASURES THROUGHOUT THE SITE TO CONTROL AND RETAIN SEDIMENT, INCLUDING SILT FENCING; STORM INLET PROTECTION; OUTFALL PROTECTION; LACK OF ADEQUATE GROUNDCOVER ALONG THE SLOPES AND SEDIMENTATION BASINS; AND INADEQUATE SLOPE GRADES, CONSTRUCTION, AND MAINTENANCE ON SEDIMENTATION BASINS AND SILT TRAPS. ORDER REQUIRES: A. WITHIN 7 CALENDAR DAYS, BEAZER HOMES USA, INC., SHALL TAKE CORRECTIVE ACTION TO CONTROL THE DISCHARGE OF SEDIMENTS FROM TEH SITE, INCLUDING SILT FENCE INSTALLATION AND MAINTENANCE ALONG THE SITE LIMITS AND INSTALLATION OF EROSION CONTROL MEASURES AT ALL SEDIMENT BASINS. B. WITHIN 7 CALENDAR DAYS, RESPONDENT SHALL PROVIDE OPERATION AND MAINTENANCE BY REPAIRING THE SILT FENCE IN NEED OF MAINTENANCE THROUGHOUT THE SITE; PROVIDING OUTLET PROTECTION, WEIR MAINTENANCE, STABILIZATION, AND ADEQUATE SLOPES AT THE SEDIMENTATION BASINS; PROVIDE STORM INLET PROTECTION; AND MAINTAIN SILT TRAPS AND SEDIMENTATION BASINS UNTIL THE DRAINAGE AREA IS STABILIZED. C. RESPONDENT MUST IMMEIDATELY INSTITUTE AN INSPECTION PROGRAM, IF ONE DOES NOT EXIST, WHICH COMPLIES WITH THE PERMIT FOR ALL EROSION AND SOIL CONTROL MEASURES IDENTIFIED IN THE PLAN, ALL DISCHARGE LOCATIONS, AT LEAST ONCE EVERY 7 CALENDAR DAYS AND WITHIN 24 HOURS AFTER ANY STORM EVENT GREATER THAN 0.5 INCHES OF RAIN OR GREATER. D. WITHIN 14 CALENDAR DAYS, RESPONDENT SHALL PROVIDE WRITTEN NOTIFICATION STATING WHEN THE REPAIRS OR MAINTENANCE REQUIRED WERE COMPLETED. E. RESPONDENT SHALL ADEQUATELY DOCUMENT EROSION AND SEDIMENT CONTROL SITE INSPECTIONS AT THE SITE. EVERY 30 CALENDAR DAYS, FOR A PERIOD OF 3 MONTHS, RESPONDENT SHALL SUBMIT COPIES OF ALL INSPECTION REPORTS TO EPA AND THE RALEIGH REGIONAL OFFICE, NCDENR.

Defendants (1)

• BEAZER HOMES USA, INC.Named in settlement

Facilities (1)

• SUMMER MEADOWS, PHASES I, II & III

  HEBRON ROAD, DURHAM, NC, 27709

  Registry ID: 110017714614

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• BEAZER HOMES USA, INC. (SUMMER MEADOWS SUBDIVISION)entered 2004-05-19

  Primary law: CWA

Timeline (3 milestones)

• 2004-05-19Final Order Issued
• 2004-09-14Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed