EPA v. BEAZER HOMES U.S.A., INC. (ESTATES AT BENTLEY RIDGE)

Case summary

9/29/15 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $13,500, DUE WITHIN 30 DAYS. ALLEGATIONS: ON MARCH 12, 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 UNNAMED TRIBUTARIES TO BENTLEY AND COBB CREEKS. COBB CREEK FLOWS INTO BENTLEY CREEK, WHICH FLOWS INTO BIG CREEK, WHICH FLOWS INTO THE CHATTAHOOCHEE RIVER, A TRADITIONAL NAVIGABLE WATER OF THE U.S. BASED ON THE CSWEI AND REVIEW OF ADD'L INFO, EPA HAS DETERMINED THAT RESPONDENT HAS FAILED TO COMPLY WITH THE CWA, ITS IMPLEMENTING REGS, AND THE PERMIT AS FOLLOWS: A. NUMEROUS PLAN DEFICIENCIES WERE OBSERVED DURING THE CSWEI. SPECIFICALLY, THE PLAN DID NOT INCLUDE THE FOLLOWING: THE REQUIRED CHECKLIST ESTABLISHED BY THE STATE SOIL AND WATER CONSERVATION COMMISSION IN VIOLATION OF THE PERMIT; THE SIGNED AND CERTIFIED STATEMENT FROM THE DESIGN PROFESSIONAL PREPARING THE PLAN IN VIOLATION OF THE PERMIT; A SITE-SPECIFIC MAP INDICATING THE LOCATIONS OF THE MAJOR STRUCTURAL AND NONSTRUCTURAL CONTROLS IDENTIFIED IN THE PLAN IN VIOLATED OF THE PERMIT; ACCURATE IDENTIFICATION OF ALL RECEIVING WATERS FOR POTENTIAL DISCHARGES FROM THE SITE IN VIOLATION OF THE PERMIT; AND THE REQUIRED NARRATIVE ON THE SAMPLING METHODOLOGY, ANALYTICAL METHODS, AND QUALITY CONTROL/QUALITY ASSURANCE PROCEDURES USED FOR EACH SAMPLING LOCATION IN VIOLATION OF THE PERMIT. B. THE SYSTEM OF BMPs IMPLEMENTED AT THE SITE WERE NOT WORKING TO EFFICIENTLY LIMIT OR REDUCE THE DISCHARGE OF SEDIMENT FROM THE SITE IN VIOLATION OF THE PERMIT. SEDIMENT DEPOSITION WAS OBSERVED DURING THE INSPECTION AT THE OUTFALL FROM THE PERMANENT SEDIMENT BASIN NORTH OF LOTS 16/17. C. THE FOLLOWING BMPs AT THE SITE WERE OBSERVED AS NOT BEING PROPERLY IMPLEMENTED OR MAINTAINED IN VIOLATION OF THE PERMIT: (i) INADEQUATE BMPs FOR THE CONTAINMENT OF CONCRETE WASTE AND WASH WATER WAS OBSERVED NEAR LOT 44; (ii) PORTABLE TOILETS AND WASTE BINS NEAR LOT 45 WERE NOT PROPERLY LOCATED AWAY FROM STREETS, GUTTERS, WATERCOURSES, AND STORM DRAINS, AND (iii) SILT FENCING NEAR LOTS 44/45 AND 16/17 WAS OBSERVED IN NEED OF MAINTENANCE. THEREFORE, THE RESPONDENT HAS VIOLATED THE CWA 301 AND 402(p) DUE TO ITS FAILURE TO COMPLY WITH THE PERMIT.

Defendants (2)

• BEAZER HOMES U.S.A.Named in complaintNamed in settlement
• ESTATES AT BENTLEY RIDGENamed in complaintNamed in settlement

Facilities (1)

• THE ESTATES @ BENTLEY RIDGE - BEAZER HOMES

  6480 BENTLEY RIDGE ROAD, CUMMING, GA, 30040

  Registry ID: 110058922233

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• BEAZER HOMES U.S.A., INC. (ESTATES AT BENTLEY RIDGE)entered 2015-09-29

  Primary law: CWA

  Federal penalty: $13,500

Timeline (5 milestones)

• 2015-09-29Complaint Filed/Proposed Order
• 2015-09-29Final Order Issued
• 2015-10-01Enforcement Action Data Entered
• 2015-11-02Enforcement Action Closed
• 2015-11-02NPDES Closed