EPA v. BEAZER HOMES, INC. (GLENCROFT SUBDIVISION)

Case summary

8/11/04 - ADMINISTRATIVE ORDER ISSUED. VIOLATIONS: 1. FAILURE TO OBTAIN COVERAGE OF THE PERMIT BY SUBMITTING AN EROSION AND SEDIMENT CONTROL PLAN FOR THE LOTS AT THE SITE FOR APPROVAL TO NCDENR - MOORESVILLE REGIONAL OFFICE. 2. FAILURE TO PROPERLY MAINTAIN A RECORD OF EROSION AND SEDIMENT CONTROL FACILITY INSPECTIONS. 3. FAILURE TO ADEQUATELY INSTALL AND/OR MAINTAIN TEMPORARY OR PERMANENT MEASURES THROUGHOUT THE SITE TO CONTROL SEDIMENT, INCLUDING SILT FENCING, SPECIFICALLY, AROUND THE PERIMETER OF INDIVIDUAL LOTS #34, 37, AND 89; FAILURE TO MAINTAIN OUTFALL PROTECTION ON STORM DRAINAGE EASEMENT (EASEMENT THAT LEADS TO MAIN ROAD); AND LACK OF GROUNDCOVER ON AREAS THROUGHOUT THE SITE WHERE CONSTRUCTION HAS CEASED, SPECIFICALLY, ON INDIVIDUAL LOTS #57 THROUGH 59. ORDER REQUIRES: 1. WITHIN 7 CALENDAR DAYS, BEAZER HOMES, INC. SHALL SUBMIT AN EROSION AND SEDIMENT CONTROL PLAN (E&SCP) AND REQUEST COVERAGE OF THE FACILITY UNDER THE PERMIT. A COPY OF THE E&SCP SHALL BE PROVIDED TO EPA AND NCDENR - MOORESVILLE REGIONAL OFFICE. 2. THE FOLLOWING DISCREPANCIES WERE ALSO NOTED DURING THE INSPECTION AND SHALL BE ADDRESSED BY BEAZER HOMES, INC., WITHIN 7 CALENDAR DAYS, PROVIDE MAINTENANCE TO SILT FENCES IN NEED OF MAINTENANCE THROUGHOUT THE SITE (SPECIFICALLY, ON LOTS NO. 34, 37, 89); PROVIDE OUTFALL PROTECTION; AND PROVIDE TEMPORARY STABILIZATION MEASURES ON ALL INDIVIDUAL LOTS WHERE CONSTRUCTION HAS CEASED (SPECIFICALLY ON LOTS 57 AND 59). 3. BEAZER HOMES, INC., SHALL IMMEDIATELY ESTABLISH IN INSPECTION PROGRAM OF ALL EROSION AND SOIL CONTROL MEASURES IDENTIFIED IN THE PLAN (E&SCP) AND ALL DISCHARGE LOCATIONS. INSPECTION MUST BE CONDUCTED AT LEAST ONCE EVERY 7 DAYS AND WITHIN 24 HOURS OF ANY STORM EVEN GREATER AND 0.5 INCHES OF RAIN. WITHIN 14 CALENDAR DAYS, BEAZER HOMES, INC., SHALL SUBMIT WRITTEN CERTIFICATION THAT AN INSPECTION PROGRAM HAS BEEN INSTITUTED. EVERY 30 CALENDAR DAYS FOR A PERIOD OF 3 MONTHS, BEAZER HOMES, INC., SHALL SUBMIT COPIES OF ALL INSPECTION REPORTS TO EPA AND THE NCDENR MOORESVILLE REGIONAL OFFICE. 4. WITHIN 14 CALENDAR DAYS, BEAZER HOMES, INC., SHALL PROVIDE WRITTEN NOTIFICATION STATING WHEN THE SUBMITTAL, REPAIRS OR MAINTENANCE WERE COMPLETED.

Defendants (1)

• BEAZER HOMES, INC.Named in settlement

Facilities (1)

• GLENCROFT SUBDIVISION

  501 GLENCROFT DRIVE, WINGATE, NC, 28174

  Registry ID: 110018920890

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• BEAZER HOMES, INC. (GLENCROFT SUBDIVISION)entered 2004-08-11

  Primary law: CWA

Timeline (3 milestones)

• 2004-08-11Final Order Issued
• 2004-09-17Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed