EPA v. JOHN WIELAND HOMES AND NEIGHBORHOODS, INC.

Case summary

12/21/2009 - John Wieland Homes and Neighborhoods Inc., and John Wieland Homes and Neighborhoods of the Carolinas Inc., based in Atlanta, GA, have agreed to pay a $350,000 civil penalty to resolve alleged violations of the CWA. The companies have also agreed to implement company-wide storm water compliance programs at their construction sites that go beyond current regulatory requirements. EPA estimates that the agreement will keep approx 37 million pounds of sediment from polluting the nation’s waterways each year. John Wieland Homes and Neighborhood, Inc., and John Wieland Homes and Neighborhoods of the Carolinas, Inc., primarily build homes in the southeast. Along with the federal government, the state of Tennessee has joined the settlement. The state will receive a portion of the penalties based on the number of sites located within the state. The government complaint alleges a common pattern of violations that was discovered by reviewing documentation submitted by the companies and through federal site inspections. The alleged violations include not obtaining permits until after construction had begun or failing to obtain the required permits at all. At the sites that did have permits, violations included failure to prevent or minimize the discharge of pollutants, such as silt and debris, in storm water runoff. The settlement requires the companies to develop improved pollution prevention plans for each site, increase site inspections and promptly correct any problems that are detected. The companies must properly train construction managers and contractors, and are required to have trained staff present at each construction site. They also must implement a management and internal reporting system to improve oversight of on-the-ground operations and submit annual reports to EPA. Improving compliance at construction sites is one of EPA’s national enforcement priorities. Construction projects have a high potential for environmental harm because they disturb large areas of land and significantly increase the potential for erosion. Without onsite pollution controls, sediment-laden runoff from construction sites can flow directly to the nearest waterway and degrade water quality. In addition, storm water can pick up other pollutants, including concrete washout, paint, used oil, pesticides, solvents and other debris. Polluted runoff can harm or kill fish and wildlife and can affect drinking water quality.

Defendants (5)

• JOHN WIELAND HOMES AND NEIGHBORHOODS, INC.Named in complaintNamed in settlement
• JOHN WIELAND HOMES & NEIGHBORHOODS OF THE CAROLINANamed in complaintNamed in settlement
• JOHN WIELAND HOMES & NEIGHBORHOODS OF NORTH CAROLI
• JOHN WIELAND HOMES & NEIGHBORHOODS OF SOUTH CAROLI
• JOHN WIELAND HOMES & NEIGHBORHOODS OF TENNESSEE

Facilities (1)

• JOHN WIELAND HOMES AND NEIGHBORHOODS, INC.

  1950 SULLIVAN ROAD, ATLANTA, GA, 30337

  Registry ID: 110041220176

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• JOHN WIELAND HOMES AND NEIGHBORHOODS, INC. (04-2010-C008)entered 2009-12-21

  Primary law: CWA

  Federal penalty: $315,000 · State/local: $35,000

Timeline (7 milestones)

• 2004-09-28Referred To Dept Of Justice
• 2004-09-30Enforcement Action Data Entered
• 2009-11-06Final Order Lodged
• 2009-11-06Complaint Filed With Court
• 2009-12-21Final Order Entered
• 2009-12-21Concluded
• 2013-05-16Enforcement Action Closed