EPA v. MCCAR HOMES OF SC, INC.

Case summary

2/14/06 - COMPLIANCE ORDER ISSUED. VIOLATIONS: A. ON THE NORTHEAST PORTION OF THE SITE, EPA NOTED AN AREA THAT ALLOWED SEDIMENT TO DISCHARGE OFF-SITE CREATING A LOBE OF MITGRATING SEDIMENT. SINCE THE SEDIMENT HAD DISCHARGED, IT APPEARS THAT THE FACILITY, INSTEAD OF REMOVING THAT SEDIMENT, PLACED SILT FENCING AROUND THE MIGRATED SEDIMENT, THUS MODIFYING THE APPROVED PLAN. THEREFOR, McCAR HOMES OF SC, INC., VIOLATED PART IV.C FOR FAILING TO MODIFY THE SWPPP WHENEVER THERE IS A CHANGE IN THE DESIGN, CONSTRUCTION, OPERATION OR MAINTENANCE, WHICH HAS A SIGNIFICANT EFFECT ON THE POTENTIAL FOR THE DISCHARGE OF POLLUTANTS TO SURFACE WATERS AND WHICH HAS NOT OTHERWISE BEEN ADDRESSED IN THE SWPPP, OR IF THE SWPPP PROVES TO BE INEFFECTIVE IN ELIMINATING OR SIGNIFICANTLY MINIMIZING POLLUTANTS. B. AREAS ON THE SOUTHERN PORTION OF THE SITE (PHASE 1) APPEARED TO BE CONSTRUCTION FREE FOR OVER 7 DAYS. THEREFORE, McCAR HOMES OF SC, INC., VIOLATED PART VI.D.2a(1) OF THE PERMIT FOR FAILING TO TAKE CORRECTIVE ACTION TO PROVIDE STABILIZATION TO AREAS OF THE SITE WHERE CONSTRUCTION HAS BEEN CEASED FOR MORE THAN 7 DAYS. C. ALL OF THE OUTFALLS OR DISCHARGE LOCATIONS ON THE NORTHERN PORTION OF THE SITE APPEARED TO BE ALLOWING SEDIMENT TO DISCHARGE OFF-SITE WITHOUT THE PROPER CONTROLS TO LIMIT OR REDUCE THE AMOUNT OF OFF-SITE SEDIMENT. THE SELF-INSPECTION REPORTS LOCATED ONSITE WERE REVIEWED BY EPA; THE DISCHARGES NOTED BY EPA WERE NOT DEPICTED ON THE SELF-INSPECTION REPORTS. THEREFORE, McCAR HOMES OF SC, INC., VIOALTED PART IV.D.4(b) BY FAILING TO INSPECT DISCHARGE LOCATIONS OR POINTS TO ASCERTAIN WHETHER EROSION CONTROL MEASURES ARE EFFECTIVE IN MEETING THE PERFORMANCE STANDARDS SET FORTH IN THE PERMIT AND THE SWPPP. D. ON THE NORTHEAST PORTION OF THE SITE, EPA NOTED AN AREA WHERE SEDIMENT WAS ALLOWED TO DISCHARGE OFF THE ORIGINAL SITE PLAN LEAVING A LOBE OF MIGRATING SEDIMENT WITHOUT THE PROPER SWPPP MODIFICATION MADE TO GREENVILLE COUNTY. THEREFORE, McCAR HOMES OF SC, INC., VIOLATED PART IV.D.4(c) BY FAILING TO ENSURE THAT THE SWPPP IS REVISED AS APPROPRIATE, BUT IN NO CASE LATER THAN 7 CALENDAR DAYS FOLLOWING THE INSPECTION. D. THE ENTIRE SITE WAS IN NEED OF MAINTENANCE. CRITICAL AREAS THAT HAVE CREATED GULLY EROSION, DISCHARGING OR HAVING THE POTENTIAL TO DISCHARGE INTO WATERS OF THE U.S. ADDITIONALLY, THE ENTIRE SITE HAS NOT BEEN STABILIZED, WHICH HAS THE POTENTIAL TO CAUSE THE STRUCTURES THAT ARE IN PLACE TO BE OVERWORKED AND/OR FAIL. THEREFORE, McCAR HOMES OF SC, INC., VIOLATED PART VI.N OF THE PERMIT FOR FAILING TO PROPERLY OPERATE AND MAINTAIN ALL FACILITIES AND SYSTEMS OF TREATMENT AND CONTROL WHICH ARE INSTALLED OR USED BY THE PERMITTEE TO ACHIEVE COMPLIANCE WITH THE CONDITIONS OF THE PERMIT. ORDER REQUIRES: A. IMMEDIATELY MODIFY THE SWPPP TO REFLECT THE CHANGE IN THE DESIGN ON THE NORTHERN PORTION OF THE SITE THAT ALLOWED SEDIMENT TO MIGRATE AND FORM A PLUME OF SEDIMENT INTO OFF-SITE AREAS. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. B. IMMEDIATELY INCLUDE IN THE SWPPP WHEN CONSTRUCTION ACTIVITIES TEMPORARILY OR PERMANENTLY CEASE ON A PORTION OF THE SITE, AND WHEN STABILIZATION MEASURE ARE INITIATED. STABILIZATION MEASURES SHALL BE INITIATED AS SOON AS PRACTICABLE, BUT IN NO CASE MORE THAN 14 DAYS AFTER CONSTRUCTION ACTIVITY IN THAT PORTION OF THE SITE HAS TEMPORARILY OR PERMANENTLY CEASED, EXCEPT WHERE CONSTRUCTION ACTIVITY WILL RESUME ON A PORTION OF THE SITE WITHIN 21 DAYS FROM WHEN THE ACTIVITIES CEASED. WITHIN 30 DAYS OF RECEIPT OF THIS ORDER, SUBMIT DOCUMENTATION THAT THIS REQUIRMENT HAS BEEN MET. C. IMMEDIATELY, INSITUTE AN INSPECTION PROGRAM, IF ONE HAS NOT ALREADY BEEN INSTITUTED, THAT INCORPORATES THE REQUIREMENTS OF PART IV.D.4(b) OF THE PERMIT, THAT INCLUDES INSPECTIONS OF DISCHARGE LOCATIONS OR POINTS TO ASCERTAIN WHETHER EROSION CONTROL MEASURES ARE EFFECTIVE. SUBMIT COPIES OF INSPECTION REPORTS FOR THE PERIOD BEGINNING WITH THE DATE OF CONSTRUCT

Defendants (1)

• MCCAR HOMES OF SC, INC. (SB)Named in settlement

Facilities (1)

• CREEKWOOD SUBDIVISION PHASES I & II

  WOODRUFF ROAD & JONESVILLE ROAD, SIMPSONVILLE, SC, 29615

  Registry ID: 110024529054

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• MCCAR HOMES OF SC, INC.entered 2006-02-14

  Primary law: CWA

Timeline (3 milestones)

• 2006-02-14Final Order Issued
• 2006-03-30Enforcement Action Data Entered
• 2007-07-09Enforcement Action Closed