EPA v. THE RYLAND GROUP, INC. (AUTUMN VIEW SUBDIVISION)

Case summary

2/4/05 - ADMINISTRATIVE ORDER ISSUED. VIOLATION: SEDIMENT DISCHARGED FROM THE CONSTRUCTION SITE INTO RECEIVING WATERS. THEREFORE, RYLAND FAILED TO COMPLY WITH PART III.C.3 OF THE PERMIT BY FAILING TO PROPERLY DESIGN AND MAINTAIN BMPs WHICH RESULTED IN DISCHARGES TO RECEIVING WATERS. RYLAND HAS VIOLATED SECTIONS 301 AND 402(p) OF THE CWA BY FAILING TO COMPLY WITH PART III.C.3, PART IV.D.2a(1), PART IV.D.3a(2), PART IV.D.3a(5), PART IV.D.4, PART V.L., AND PART V.M OF THE PERMIT AND ALSO FOR DISCHARGES NOT AUTHORIZED BY THE NPDES PERMIT. 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 LOCATION; 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 LOCATION WHERE VEHICLES ENTER OR EXIT THE SITE, AT LEAST ONCE EVERY 7 CALENDAR DAYS AND WITHIN 24 HOURS AFTER ANY STORM EVENT OF 0.5 INCHES OF RAIN OR GREATER. 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.3a(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. B. IMMEDIATELY, RYLAND SHALL, IN ACCORDANCE WITH PART IV.D.2 OF THE PERMIT, PROVIDE SILT FENCES OR OTHER EQUIVALENT STRUCTURAL PRACTICES ON ALL EXPOSED AREAS OF THE FACILITY. WITHIN 14 DAYS, RYLAND SHALL PROVIDE WRITTEN CERTIFICATION DESCRIBING THE PERIMETER STRUCTURES IT HAS PROVIDED, INCLUDING LOCATIONS. C. WITHIN 7 DAYS, RYLAND SHALL, IN ACCORDANCE WITH 40 CFR 122.26(a)(1)(ii) AND 122.26(c), 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 7 DAYS, RYLAND SHALL SUBMIT CERTIFICATION STATEMENTS GIVEN IN PART IV OF THE PERMIT FOR ALL CONTRACTORS OR SUBCONTRACTORS AT ITS FACILITY THAT WILL IMPLEMENT ANY OF THE CONTROL MEASURES IDENTIFIED IN THE ESPCP. E. WITHIN 7 DAYS, RYLAND SHALL, IN ACCORDANCE WITH PART IV.D.4 OF THE PERMIT, IMPLEMENT MAINTENANCE PROVISIONS AT ITS FACILITY TO ENSURE THE TIMELY MAINTENANCE OF VEGETATION, EROSION AND SEDIMENT CONTROLS, STORMWATER MANAGEMENT PRACTICES, AND OTHER PROTECTIVE MEASURES AND BMPs SO THEY WILL REMAIN IN GOOD AND EFFECTIVE OPERATING CONDITION BY REPAIRING SILT FENCING THROUGHOUT THE SITE AND PROVIDING TEMPORARY STABILIZATION WHERE NECESSARY. WITHIN 14 DAYS, RYLAND SHALL PROVIDE WRITTEN CERTIFICATION DESCRIBING THE CONTROLS IT HAS IMPLEMENTED, INCLUDING LOCATIONS. F. WITHIN 7 DAYS, RYLAND SHALL, IN ACCORDANCE WITH PART IV.D.2a(1) OF THE PERMIT, PROVIDE SOIL STABILIZATION ON AREAS WHERE CONSTRUCTION ACTIVITIES HAVE TEMPORARILIY OR PERMANENTLY CEASED AT ITS FACILITY. G. WITHIN 30 DAYS, RYLAND SHALL DEVELOP AND IMPLEMENT A ESPCP, AS REQUIRED BY PART IV OF THE PERMT, FOR ITS FACILITY. 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)

• AUTUMN VIEW (RYLAND HOMES)

  475 MUSICAL WAY, LAWRENCEVILLE, GA, 300447454

  Registry ID: 110020500901

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• THE RYLAND GROUP, INC. (AUTUMN VIEW SUBDIVISION)entered 2005-02-04

  Primary law: CWA

Timeline (3 milestones)

• 2005-02-04Final Order Issued
• 2005-03-15Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed