EPA v. THE RYLAND GROUP, INC. dba RYLAND HOMES (LENOX OVERLOOK)

Case summary

9/29/15 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $$12,000, DUE WITHIN 30 DAYS. ALLEGATIONS: ON MARCH 13, 2014, EPA PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT THE DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER IN ACCORDANCE WITH THE CWA, THE REGS PROMULGATED THEREUNDER AT 40 CFR 122.26 AND THE PERMIT. AS A RESULT OF THE CSWEI, EPA HAS DETERMINED THAT STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITY WAS DISCHARGED FROM THE DEVELOPMENT WITHIN THE MEANING OF CWA 402(p) AND ITS IMPLEMENTING REGS INTO AN UNNAMED TRIBUTARY TO NORTH FORK PEACHTREE CREEK. NORTH FORK PEACHTREE CREEK FLOWS INTO PEACHTREE CREEK WHICH DIRECTLY CONNECTS TO THE CHATTAHOOCHEE RIVER. BASED ON THE CSWEI AND A REVIEW OF ADD'L INFO, EP HAS DETERMINED THAT RESPONDENT HAS FAILED TO COMPLY WITH THE CWA, THE REGS, AND THE PERMIT AS FOLLOWS: A. DURING THE CSWEI, EPA OBSERVED POTABLE WATER OVERFLOWING FROM A 55-GAL DRUM AND DISCHARGING OFFSITE. POTABLE WATER IS AN AUTHORIZED NON-STORMWATER DISCHARGE WHEN IT IS EXPLICITLY LISTED IN THE SITE'S EROSION AND SEDIMENT CONTROL PLAN AS SET FORTH IN THE PERMIT. RYLAND DID NOT EXPLICITLY LIST POTABLE WATER DISCHARGES AND ANY NECESSARY CONTROL MECHANISMS IN ITS PLAN OR IMPLEMENT ANY SUCH MECHANISMS AS REQUIRED IN THE PERMIT. B. A REVIEW OF THE INSPECTION RECORDS SUBMITTED BY THE PERMITTEE FROM OCT 8, 2011, TO MAR 13, 2014, REVEALED THAT DAILY INSPECTIONS WERE NOT CONSISTENTLY PERFORMED DURING WEEKENDS WHEN CONSTRUCTION ACTIVITY MAY HAVE TAKEN PLACE, WHICH WOULD VIOLATE THE PERMIT. C. DURING THE CSWEI, THE INLET PROTECTION FABRIC WAS TORN AND DETERIORATED AND SEDIMENT AND DEBRIS ACCUMULATION WERE OBSERVED ON AND ABOVE THE INLET PROTECTOIN FOR FOUR STORM DRAINS ON TRAILVIEW WAY. AS A RESULT, STORM DRAIN INLET PROTECITON HAD NOT BEEN ADEQUATELY MAINTAINED IN VIOLATION OF THE PERMIT. D. EPA REVIEWED RYLAND SEDIMENT AND EROSION CONTROL PLAN, DATED APR 17, 2007, WHICH DID NOT SPECIFICALLY IDENTIFIY THE DRAINAGE PATTERNS, AREAS OF ONGOING SOIL DISTURBANCE, AND SPECIFIC LOCATIONS WHERE STORMWATER IS DISCHARGED TO RECEIVING WATERS IN VIOLATION OF THE PERMIT. THEREFORE, THE RESPONDENT HAS VIOLATED CWA SECTION 301 AND 402(p) DUE TO ITS FAILURE TO COMPLY WITH THE PERMIT.

Defendants (2)

• THE RYLAND GROUP, INC. dba RYLAND HOMESNamed in complaintNamed in settlement
• LENOX OVERLOOKNamed in complaintNamed in settlement

Facilities (1)

• LENOX OVERLOOK - RYLAND HOMES

  BUFORD HIGHWAY AND LENOX OVERLOOK ROAD, ATLANTA, GA, 30024

  Registry ID: 110058922251

Statutes cited

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

Enforcement conclusions (1)

• THE RYLAND GROUP, INC. dba RYLAND HOMES (LENOX OVERLOOK)entered 2015-09-29

  Primary law: CWA

  Federal penalty: $12,000

Timeline (5 milestones)

• 2015-09-29Final Order Issued
• 2015-09-29Complaint Filed/Proposed Order
• 2015-10-01Enforcement Action Data Entered
• 2015-10-20NPDES Closed
• 2015-10-20Enforcement Action Closed