EPA v. BEAZER HOMES USA, INC. (VISTAS AT CASTLEBERRY)

Case summary

9/29/15 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $30,000 DUE WITHIN 30 DAYS. ALLEGATIONS: 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, THE 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 TWO UNNAMED TRIBUTARIES TO BIG CREEK. BIG CREEK FLOWS INTO THE CHATTAHOOCHEE RIVER. 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; A SITE-SPECIFIC MAP INDICATING THE LOCATIONS OF THE MAJOR STRUCTURAL AND NONSTRUCTURAL CONTROLS IDENTIFIED IN THE PLAN 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. SAMPLING AND MONITORING RECORDS DID NOT CONTAIN THE NECESSARY INFO REQUIRED BY THE PERMIT. SPECIFICALLY, THE RECORDS DID NOT INCLUDE CONFIRMATION THAT SAMPLES WERE COLLECTED WITHIN THE FIRST 45 MINUTES OF DISCHARGE OR AS SOON AS POSSIBLE IN VIOLATION OF THE PERMIT. C. THE SAMPLING EVENTS PERFORMED AT THE SITE WERE NOT PERFORMED IN COMPLIANCE WITH THE PLAN IN VIOLATION OF THE PERMIT. ACCORDING TO THE PLAN, THERE WERE SUPPOSED TO BE 8 SAMPLING LOCATIONS. REVIEW OF THE SAMPLING DATA SHOWED SAMPLING ONLY BEING PERFORMED AT 2 OF THOSE OUTLETS. D. NUMEROUS BMPs AT THE SITE WERE OBSERVED AS NOT BEING PROPERLY IMPLEMENTED OR MAINTAINED IN VIOLATED OF THE PERMIT. THE DEFICIENCIES INCLUDED THE FOLLOWING: (i) SAW CUTS WERE OBSERVED IN THE STORM DRAIN GUTTERS ALLOWING FOR FLOW TO TRAVEL UNDERNEATH THE INLET PROTECTION; (ii) THE ROCK PADS AT LOTS 62, 63, AND 67 WERE IN NEED OF MAINTENANCE RESULTING IN SEDIMENT TRACKING OFFSITE; (iii) INADEQUATE SLOPE STABILIZATION WAS OBSERVED ON THE WESTERN SLOPE OF LOT 68 WHICH WAS IDENTIFED IN THE PLAN AS A CRITICAL WORK ZONE, (iv) INADEQUATE BMPs FOR THE CONTAINMENT OF CONCRETE WASTE AND WASH WATER WAS OBSERVED AT LOT 67; (v) INADEQUATELY STABILIZED WASTE PRODUCT BINS (TRASH, PORTA-POTTIES, ETC.) THROUGHOUT THE SITE; AND (vi) SILT FENCING IN VARIOUS AREAS OF THE SITE WAS OBSERVED IN NEED OF MAINTENANCE. THEREFORE, RESPONDENT HAS VIOLATED CWA 301 AND 402(p) DUE TO ITS FAILURE TO COMPLY WITH THE PERMIT.

Defendants (2)

• BEAZER HOMES USA, INC.Named in complaintNamed in settlement
• VISTAS AT CASTLEBERRYNamed in complaintNamed in settlement

Facilities (1)

• BEAZER HOMES (VISTAS AT CASTLEBERRY)

  CASTLEBERRY ROAD AND BLUFF HEIGHTS DRIVE, CUMMING, GA, 30040

  Registry ID: 110058922260

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• BEAZER HOMES USA, INC. (VISTAS AT CASTLEBERRY)entered 2015-09-29

  Primary law: CWA

  Federal penalty: $30,000

Timeline (5 milestones)

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