EPA v. BEAZER HOMES USA, INC. (THE VILLAGES AT WESLEY CHAPEL)

Case summary

8/11/04 - COMPLIANCE ORDER ISSUED. VIOLATIONS: 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. FAILURE TO PROPERLY MAINTAIN A RECORD OF EROSION AND SEDIMENT CONTROL FACLIITY INSPECTIONS. FAILURE TO ADEQUATELY INSTALL AND/OR MAINTAIN TEMPORARY OR PERMANENT MEASURES THROUGHOUT THE SITE TO CONTROL AND RETAIN SEDIMENT; FAILURE TO MAINTAIN SILT FENCES THROUGHOUT THE SITE, SPECIFICALLY, ON LOTS NO. 2, 8, 15, 16, 46 AND FAILURE TO INSTALL/MAINTAIN CONSTRUCTION ENTRANCES/EXITS TO INDIVIDUAL LOTS, SPECIFICALLY, LOTS NO. 3, 9, 27, AND 45 THROUGH 47. ORDER REQUIRES: A. WITHIN 7 CALENDAR DAYS, BEAZER HOMES, INC., SHALL SUBMIT AN EROSION AND SEDIMENT CONTROL PLAN (E&SCP) AND REQUEST COVERAGE OF THE FACLITY UNDER THE PERMIT. A COPY OF THE E&SCP SHALL BE PROVIDED TO EPA AND NCDENR - MOORESVILLE REGIONAL OFFICE. B. THE FOLLOWING DISCREPANCIES WERE ALSO NOTED DURING THE INSPECTION AND SHALL BE ADDRESSED BY BEAZER HOMES, INC., WITHIN 7 CALENDAR DAYS, PROVIDE MAINTENANCE OF SILT FENCES LOCATED AROUND THE PERIMETER OF INDIVIDUAL LOTS, SPECIFICALLY ON LOTS 2, 8, 15, 16, AND 46 AND INSTALL/MAINTAIN CONSTRUCTION ENTRANCES/EXITS TO INDIVIDUAL LOTS, SPECIFICALLY, LOTS 3, 9, 27, 45 THROUGH 47. C. BEAZER HOMES SHALL IMMEDIATELY ESTABLISH AN 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 CALENDAR DAYS AND WITHIN 24 HOURS AFTER ANY STORM EVENT GREATER THAN 0.5 INCHES OF RAIN OR GREATER. 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. D. WITHIN 14 CALENDAR DAYS, BEAZER HOMES SHALL PROVIDE WRITTEN NOTIFICATION STATING WHEN THE REPAIRS OR MAINTENANCE WERE COMPLETED

Defendants (1)

• BEAZER HOMES USA, INC.Named in settlement

Facilities (1)

• VILLAGES AT WESLEY CHAPEL SUBDIVISION (EASTWOOD HOMES, INC.)

  AIRPORT ROAD, MONROE, NC, 28110

  Registry ID: 110018936437

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• BEAZER HOMES USA, INC. (THE VILLAGES AT WESLEY CHAPEL)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