EPA v. THE RYLAND GROUP, INC. (VILLA CHASE SUBDIVISION)

Case summary

2/7/05 - COMPLIANCE ORDER ISSUED. VIOLATION: FAILURE TO OBTAIN PERMIT COVERAGE AS REQUIRED BY THE GEROGIA WATER QUALITY ACT AND FEDERAL CLEAN WATER ACT. UNDER SECTION 301 OF CWA, IT IS UNLAWFUL FOR ANY PERSON TO DISCHARGE A POLLUTANT FROM A POINT SOURCE TO WATERS OF THE U.S., WITHIN 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 GRUP, INC., IS IN VIOLATION OF SECTIONS 301 AND 402(p) OF THE CWA AT ITS VILLA CHASE SUBDIVISION FACILITY. ORDER REQUIRES: A. 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. B. 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. C. 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. D. WITHIN 30 CALENDAR DAYS, RYALDN SHALL DEVELOP AND IMPLEMENT AS ESPCP FOR ITS FACILITY. E. 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 GROUPNamed in settlement

Facilities (1)

• VILLA CHASE SUBDIVISION

  LAWRENCEVILLE HIGHWAY, TUCKER, GA, 30084

  Registry ID: 110018935802

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• THE RYLAND GROUP, INC.entered 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