EPA v. D.R. HORTON, INC. and D.R. HORTON,INC. ? BIRMINGHAM

Case summary

9/12/2014 - THIS REFERRAL ADDRESSES STORMWATER VIOLATIONS AT 16 RESIDENTIAL CONSTRUCTION SITES LOCATED IN AL, NC, AND SC, THAT ARE OWNED AND OPERATED BY DR HORTON, INC. (DR HORTON), THE NATION'S LARGEST HOMEBUILDER. THE VIOLATIONS INCLUDE: FAILURE TO IMPLEMENT A STORM WATER POLLUTION PREVENTION PLAN (SWPPP) OR ITS EQUIVALENT; THE FAILURE TO PREPARE AN ADEQUATE SWPPP; FAILURE TO HAVE A COMPLETE SWPPP ONSITE AT THE TIME OF INSPECTION; FAILURE TO PROPERLY DESIGN, IMPLEMENT AND MAINTAIN ADEQUATE BEST MGMT PRACTICES (BMPs) INCLUDING EROSION CONTROL MEASURES; FAILURE TO CONDUCT ADEQUATE INSPECTIONS OF BMPs; FAILURE TO PERFORM AND LOG DAILY OBSERVATIONS; FAILURE TO RECORD RAIN MEASUREMENTS; FAILURE TO REMOVE POLLUTANTS DEPOSITED OFFSITE; FAILURE TO CORRECT DEFICIENCIES OVSERVED DURING INSPECTION WITHIN THE ALLOWED TIMEFRAME; FAILURE TO IMPLEMENT TEMPORARY STABILIZATION IN A TIMELY FASHION; AND THE UNPERMITTED DISCHARGE OF SEDIMENT INTO WATER OF THE U.S. THE REGION IS SEEKING CIVIL PENALTIES FOR PAST VIOLATIONS AND CORPORATE-WIDE INJUNCTIVE RELIEF WHICH HAS THE POTENTIAL TO IMPROVE DR HORTON'S STORMWATER COMPLIANCE BEYOND THESE 16 SITES. APRIL 8, 2024 - COMPLAINT FILED APRIL 8, 2024 - CONSENT DECREE LODGED APRIL 8, 2024 - CONSENT DECREE ENTERED D.R. Horton, Inc., and its subsidiary, D.R. Horton, Inc. ? Birmingham (collectively ?Horton?), entered into a proposed consent decree to resolve allegations that they violated requirements of the Clean Water Act (CWA) relating to stormwater discharges associated with construction activity at 16 locations in Alabama, North Carolina, and South Carolina. Under the proposed consent decree, Horton will implement a comprehensive stormwater compliance program at home construction sites they operate within EPA Region 4 and will pay a civil penalty of $400,000, a portion of which will be directed to the Alabama Department of Environmental Management and the State of South Carolina, who joined the settlement. Horton will also commit to spend at least $400,000 on a Supplemental Environmental Project to improve water quality by decreasing pollutant loads in stormwater runoff through increases in stormwater infiltration.

Defendants (2)

• D.R. HORTON, INC.Named in complaintNamed in settlement
• D.R. HORTONNamed in complaintNamed in settlement

Facilities (16)

• CHELSEA STATION - D R HORTON HOMEBUILDING LOTS

  CO RD 11 & CHELSEA STATION DR, CHELSEA, AL, 35043

  Registry ID: 110054117861

• HIDDEN MEADOWS - DR HORTON HOMEBUILDING LOTS

  W SIDE OF ROSE BLVD & N OF DEASON CAMP RD, NORTHPORT, AL, 35473

  Registry ID: 110054117870

• LACEY'S GROVE

  SHELBY CR 17 AND LACEY AVE, HANCEVILLE, AL, 35077

  Registry ID: 110044269083

• HUNTERS GATE

  OFF OF DOUG BAKER DRIVE, BIRMINGHAM, AL, 35242

  Registry ID: 110054908365

• TRACE CROSSINGS SECTOR 28 CREEKSIDE STATION

  OFF BROCKS GAP PARKWAY, HOOVER, AL, 35244

  Registry ID: 110055215627

• COTSWOLD

  WEST SIDE OF SICARD HOLLOW ROAD, BIRMINGHAM, AL, 35242

  Registry ID: 110054132014

• LENOX NORTH LOTS 1-100

  FLATWOOD ROAD, NORTHPORT, AL, 35476

  Registry ID: 110043505855

• CHELSEA PARK - DR HORTON HOMEBUILDING LOTS

  CHELSEA PARK DR, CHELSEA, AL, 35043

  Registry ID: 110054132050

• RED OAK SUBDIVISION - D.R. HORTON, INC.

  5736 KOOL SPRING DRIVE, MATTHEWS, NC, 28227

  Registry ID: 110056143775

• SOUTHERN TRACE: THE RIDGE LOT #811,849; PHASE I LOT #1,2,11-13,29,34-36,47,50,59

  OFF HWY 119 JUST PAST ZEIGLER ROAD, LEEDS, AL, 35094

  Registry ID: 110044244635

• POLO CROSSINGS LOTS 8, 10, 77, 122, 137, 140, 152

  OLD HIGHWAY 280, CHELSEA, AL, 35043

  Registry ID: 110044274479

• CHAPEL HILLS - VARIOUS LOTS

  CHAPEL HILLS PARKWAY & CHAPEL HILLS TRAIL, FULTONDALE, AL, 35068

  Registry ID: 110055215618

• DEERFOOT POINTE

  DEWEY HEIGHTS RD AND LAZY ACRES TRAIL, PINSON, AL, 35126

  Registry ID: 110043498943

• LAKE CYRUS

  LAKE CYRUS DEVELOPMENT EAST OF PARKWOOD RD, HOOVER, AL, 35244

  Registry ID: 110054099907

• DOSS FERRY

  NORTH SIDE OF WARRIORKIMBERLY RD, KIMBERLY, AL, 35091

  Registry ID: 110055360746

• …and 1 more

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• D.R. HORTONentered 2024-04-08

  Primary law: CWA

  Federal penalty: $200,000 · State/local: $200,000 · SEP: $400,000

Timeline (5 milestones)

• 2014-09-12Referred To Dept Of Justice
• 2014-09-15Enforcement Action Data Entered
• 2024-04-08Complaint Filed With Court
• 2024-04-08Final Order Lodged
• 2024-04-08Final Order Entered