EPA v. EASTWOOD HOMES, INC.

Case summary

This case is a civil judicial action against Eastwood Homes, Inc.(Eastwood Homes), a leading homebuilder in North and South Carolina, for violations of the Clean Water Act and its implementing regulations pertaining to storm water run-off from construction sites. In particular, this action alleges that Eastwood Homes failed to obtain NPDES permit coverage for its construction activities at two different subdivisions located in Union County, N.C., and that it violated permit conditions, including the requirement of implementing and maintaining effective best management practices after permit coverage was obtained. These violations lead to the unpermitted discharge of sediment and other contaminants to creeks and streams in the area of the subdivisions. The relief requested includes both a significant civil penalty and injunctive relief focused on improving corporate wide practices with respect to compliance with storm water requirements of the Clean Water Act at all future construction sites. This action is one of several judicial cases resulting from a Region 4 initiative focusing inspection and enforcement resources on impacts of storm water from construction activities. This initiative is in accordance with EPA's national enforcement priority for addressing wet weather issues associated with storm water run-off from construction activities. 5/13/11 - THE US DISTRICT JUDGE ENTERED THE CD IN THE MATTER OF EASTWOOD CONSTRUCTION LLC AND EASTWOOD HOMES, INC., RESOLVING VIOLATIONS OF THE CWA AT 7 SITES AND REQUIRING CORPORATE-WIDE INJUNCTIVE RELIEF. EASTWOOD, ONE OF THE TOP 50 HOMEBUILDERS IN THE NATION, HAS BEEN IN THE RESIDENTIAL HOMEBUILDING BUSINESS FOR THE LAST 30 YEARS, AND CONDUCTS OPERATIONS IN NORTH AND SOUTH CAROLINA. ALTHOUGH NOT A PART OF THE NATIONWIDE CWA ENFORCEMENT INITIATIVE AGAINST RESIDENTIAL HOMEBUILDERS, THIS SETTLEMENT IS IN LINE WITH THE NATIONAL SETTLEMENTS REACHED WITH WATER CONSTRUCTION PERMITS, FAILURE TO DEVELOP AND IMPLEMENT ADEQUATE STORMWATER POLLUTION PREVENTION PLANS, FAILURE TO DESIGN, IMPLEMENT AND MAINTAIN ADEQUATE BEST MGMT PRACTICES, AND FAILURE TO CONDUCT REQUIRED INSPECTIONS. UNDER THE CD EASTWOOD WILL PAY A PENALTY OF $60,000 AND WILL DEVELOP AND IMPLEMENT A COMPLIANCE PROGRAM THAT WILL APPLY TO ALL FUTURE CONSTRUCTION ACTIVITIES FOR A PERIOD OF 3 YEARS.

Defendants (2)

• EASTWOOD HOMES, INC.Named in complaintNamed in settlement
• EASTWOOD CONSTRUCTION, LLCNamed in complaintNamed in settlement

Facilities (1)

• EASTWOOD HOMES, INC - CRISMARK

  1102 GOLD NUGGET DRIVE, INDIAN TRAIL, NC, 28079

  Registry ID: 110043465782

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• EASTWOOD HOMES, INC. (04-2011-C015)entered 2011-02-15

  Primary law: CWA

  Federal penalty: $60,000

Timeline (7 milestones)

• 2005-09-29Referred To Dept Of Justice
• 2005-09-30Enforcement Action Data Entered
• 2011-02-15Concluded
• 2011-02-15Final Order Entered
• 2011-02-15Final Order Lodged
• 2011-02-15Complaint Filed With Court
• 2014-07-01Enforcement Action Closed