EPA v. BAYSIDE REALTY (DEER RIDGE ESTATES)

Case summary

8/4/05 - COMPLIANCE ORDER ISSUED. ON APRIL 14, 2005, REPRESENTATIVES OF EPA IN CONJUNCTION WITH THE FDEP PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI) AS BAYSIDE'S FACILITY. EPA'S CSWEI WAS TO EVALUATE THE TREATMENT AND DISPOSAL OF STORM WATER AT THE FACILITY IN ACCORDANCE WITH THE CWA AND THE REGULATIONS PROMULGATED THEREUNDER. DURING THE CSWEI, EPA DETERMINED THAT BAYSIDE DISCHARGED STORM WATER ASSOCIATED WITH INDUSTRIAL ACTIVITY AS DEFINED AT 40 CFR 122.26(b)(14)(x) FROM ITS FACILITY. AT THE TIME OF THE CSWEI, BAYSIDE HAD NOT SUBMITTED A NOTICE OF INTENT (NOI) REQUESTING PERMIT COVERAGE TO THE FDEP. DURING THE CSWEI, EPA MADE THE FOLLOWING OBSERVATIONS: A. BEST MANAGEMENT PRACTICES (BMPs) WERE NOT INSTALLED TO PREVENT OR MINIMIZE SEDIMENT LOSS. B. AREAS WHERE CONSTRUCTION HAD CEASED FOR OVER 7 DAYS WERE NOT STABILIZED. C. THERE WERE NO INSPECTIONS OF STORM WATER RUNOFF DISCHARGES AT LEAST ONCE EVERY 7 CALENDAR DAYS AND WITHIN 24 HOURS AFTER ANY STORM EVENT GREATER THAN 0.5 INCHES OF RAIN PER 24 HOUR PERIOD. ORDER REQUIRES: A. IMMEDIATELY, COMPLETE AND SUBMIT A NOI TO FDEP OR CEASE ALL STORM WATER DISCHARGES FROM THE CONSTRUCTION SITE. WITHIN 30 DAYS, SUBMIT DOCUMENTATION TAHT THIS REQUIREMENT HAS BEEN MET. B. IMMEDIATELY, PREPARE AND IMPLEMENT A STORM WATER POLLUTION PREVENTION PLAN (SWPPP). THE SWPPP SHALL ENSURE THAT THE OBSERVATIONS MADE DURING THE CSWEI ARE ADDRESSED. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. C. IMMEDIATELY, INSTITUTE A SELF-INSPECTION PROGRAM AS REQUIRED BY PART V.4 OF THE PERMIT. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. FOR A PERIOD OF 3 MONTHS, SUBMIT COPIES OF INSPECTION REPORTS. INSPECTION REPORTS SHALL ENCOMPASS THE FOLLOWING: (1) PROVIDE A QUALIFIED INSPECTOR TO INSPECT AND MAINTAIN REOCRDS OF ALL POINTS OF DISCHARGE INTO SURFACE WATERS OR A MUNICIPAL SEPARATE STORM SEWER SYSTEM. INSPECTIONS SHOULD ALSO BE MADE ON DISTURBED AREAS OF THE CONSTRUCTION SITE THAT HAVE NOT BEEN FINALLY STABILIZED, AREAS USED FOR STORAGE OF MATERIALS THAT ARE EXPOSED TO PRECIPITATION, ALL STRUCTURAL CONTROLS, AND LOCATIONS WHERE VEHICLES ENTER OR EXIT THE SITE. INSPECTIONS SHOULD BE CONDUCTED AT LEAST ONCE EVERY 7 CALENDAR DAYS AND WITHIN 24 HOURS OF THE END OF A STORM THAT IS 0.5 INCHES OR GREATER. (2) PREPARE A REPORT SUMMARIZING THE SCOPE OF THE INSPECTION; NAME(S) AND QUALIFICATION OF PERSONNEL MAKING THE INSPECTION, THE DATE(S) OF THE INSPECTION; RAINFALL DATA; AND MAJOR OBSERVATIONS RELATING TO THE IMPLEMENTATION OF THE SWPPP. ALL REPORTS SHALL BE RETAINED IN ACCORDANCE WITH PART VI OF THE PERMIT, AS PART OF THE SWPPP. SUCH REPORTS SHALL IDENTIFY ANY INCIDENTS OF NON-COMPLIANCE. WHERE A REPORT DOES NOT IDENTIFY ANY INCIDENTS OF NON-COMPLIANCE, THE REPORT SHALL CONTAIN A CERTIFICATION THAT THE FACILITY IS IN COMPLIANCE WITH THE SWPPP AND THE PERMIT. THE REPORT SHALL BE SIGNED IN ACCORDANCE WITH PART VII.C OF THE PERMIT. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENTS HAS BEEN MET. SUBMIT COPIES OF INSPECTION REPORTS FOR A PERIOD OF 3 MONTHS BEGINNING WITH THE FIRST MONTH FOLLOWING THE EFFECTIVE DATE OF THIS ORDER

Defendants (1)

• BAYSIDE REALTYNamed in settlement

Facilities (1)

• DEER RIDGE ESTATES SUBDIVISION

  2858 REMINGTON GREEN CIRCLE, CELEBRATION, FL, 34747

  Registry ID: 110022875931

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• BAYSIDE REALTY (DEER RIDGE ESTATES)entered 2005-08-04

  Primary law: CWA

Timeline (3 milestones)

• 2005-08-04Final Order Issued
• 2005-08-08Enforcement Action Data Entered
• 2007-01-01Enforcement Action Closed