EPA v. THE RYLAND GROUP, INC./EAGLE'S RIDGE SUBDIVISION

Case summary

2/7/05 - COMPLIANCE ORDER ISSUED. VIOLATION: FAILURE TO OBTAIN PERMIT COVERAGE AS REQUIRED BY THE GEORGIA WATER QUALITY ACT AND FEDERAL CWA. UNDER SECTION 301 OF THE CWA, IT IS UNLAWFUL FOR ANY PERSON TO DISCHARGE A POLLUTANT FROM A POINT SOURCE TO WATERS OF THE U.S., WITH THE MEANING OF SECTION 502 OF THE CWA AND TITLE 40 OF THE CFR SECTION 122.2, EXCEPT WITH THE AUTHORIZATION OF, AND IN COMPLIANCE WITH AN NPDES PERMIT ISSUED PURSUANT TO SECTION 402 OF THE CWA. ADDITIONALLY, PART II.A.2 OF THE PERMIT REQUIRES OWNERS OR OPERATORS OR BOTH WHO INTEND TO OBTAIN COVERAGE UNDER THE PERMIT FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES OCCURRING ON OR BEFORE THE EFFECTIVE DATE OF THE PERMIT, AUGUST 13, 2003, TO SUBMIT A NOTICE OF INTENT NO LATER THAN 60 DAYS AFTER THE EFFECTIVE DATE OF THE PERMIT, OCTOBER 13, 2003. AS A RESULT OF THE CSWEI, EPA HAS DETERMINED THAT THE RYLAND GROUP, INC., IS IN VIOLATION OF SECTION 301 AND 402 OF THE CWA AT ITS EAGLE RIDGE SUBDIVISION FACILITY. ORDER REQUIRES: A. IMMEDIATELY, RYLAND MUST INSTITUTE AN INSPECTION PROGRAM AT ITS FACILITY WHICH COMPLIES WITH PART IV.D.3 OF THE PERMIT FOR INSPECTING: ALL DISCHARGE LOCATIONS; DISTURBED AREAS OF THE CONSTRUCTION SITE THAT HAVE NOT BEEN FINALLY STABILIZED; AREAS USED FOR STORAGE OF MATERIALS THAT ARE EXPOSED TO PRECIPITATION; ALL EROSION AND SOIL CONTROL MEASURES IDENTIFIED IN THE ESPCP; AND LOCATIONS WHERE VEHICLES ENTER OR EXIT THE SITE, AT LEAST ONCE EVERY 7 CALENDAR DAYS AND WITHIN 24 HOURS AFTER ANY STORM EVEN OF 0.5 INCHES OF RAIN OR GREATER. B. WITHIN 14 DAYS, RYLAND SHALL SUBMIT WRITTEN CERTIFICATION THAT THE INSPECTION PROGRAM HAS BEEN INSTITUTED AT ITS FACILITY. RYLAND SHALL ENSURE THAT REPORTS OF INSPECTIONS ARE KEPT IN ACCORDANCE WITH PART IV.D.3.a(5) OF THE PERMIT. EVERY 30 CALENDAR DAYS, FOR A PERIOD OF 3 MONTHS, RYLAND SHALL SUBMIT COPIES OF ALL INSPECTION REPORTS MADE FOR ITS FACILITY TO EPA AND EPD. C. IMMEDIATELY, RYLAND SHALL INSTALL SILT FENCES OR OTHER EQUIVALENT STRUCTURAL PRACTICES ON ALL EXPOSED AREAS OF THE FACILITY. WITHIN 14 CALENDAR DAYS, RYLAND SHALL PROVIDE WRITTEN CERTIFICATION DESCRIBING THE PERIMETER STRUCTURES IT HAS INSTALLED, INCLUDING LOCATIONS. D. IMMEDIATELY, RYLAND SHALL INSTALL STORMWATER MANAGEMENT DEVICES AT ITS FACILITY TO CONTROL POLLUTANTS IN STORMWATER DISCHARGES THAT WILL OCCUR AFTER CONSTRUCTION HAS BEEN COMPLETED. WITHIN 14 CALENDAR DAYS, RYLAND SHALL PROVIDE WRITTEN CERTIFICATION DESCRIBING THE STORMWATER MANAGEMENT DEVICES IT HAS PROVIDED, INCLUDING LOCATIONS. E. WITHIN 7 CALENDAR DAYS, RYLAND SHALL SUBMIT AN INDIVIDUAL PERMIT APPLICATION OR A NOI FOR COVERAGE OF THE FACILITY UNDER THE NPDES PERMIT. A COPY OF THE PERMIT APPLICATION OR NOI SHALL BE PROVIDED TO EPA AND EPD. F. WITHIN 30 CALENDAR DAYS, RYLAND SHALL DEVELOP AND IMPLEMENT ESPCP FOR ITS FACILITY. G. WITHIN 40 CALENDAR DAYS, RYLAND SHALL PROVIDE WRITTEN CERTIFICATION THAT IT HAS DEVELOPED AND IMPLEMENTED ITS ESPCP, THAT IT KEEPS A COPY OF THE ESPCP ON SITE, AND THAT ITS ESPCP COMPLIES WITH THE PERMIT

Defendants (1)

• RYLAND GROUP, INC.Named in settlement

Facilities (1)

• EAGLE'S RIDGE SUBDIVISION

  SNAPFINGER ROAD, HIGHWAY 155, LITHONIA, GA, 30038

  Registry ID: 110018935777

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• THE RYLAND GROUP, INC./EAGLE'S RIDGE SUBDIVISIONentered 2005-02-07

  Primary law: CWA

Timeline (3 milestones)

• 2005-02-07Final Order Issued
• 2005-03-24Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed