EPA v. BEAZER HOMES USA, INC. (TRAMMEL RIDGE)

Case summary

9/29/15 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,200 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 DAVES CREEK. DAVES CREEK FLOWS INTO JAMES 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 DEFICIENCES 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; AND THE RECEIVING WATER(S) AND AREAL EXTENT OF WETLAND ACREAGE AT THE SITE IN VIOLATION OF THE PERMIT. B. THE FOLLOWING BMPs AT THE SITE WERE OBSERVED AS NOT BEING PROPERLY IMPLEMENTED OR MAINTAINED IN VIOLATOIN OF THE PERMIT: (i) SILT FENCING ON THE NE SIDE OF THE PROPERTY WAS OBSERVED TO BE IMPROPERLY INSTALLED AND/OR MAINTAINED; AND (ii) THE VEHICLE TRACKING CONTROLS WERE NOT IN PLACE AT THE SITE ENTRANCE/EXIT. 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
• TRAMMEL RIDGENamed in complaintNamed in settlement

Facilities (1)

• TRAMMEL RIDGE - BEAZER HOMES

  TRAMMEL ROAD & DAVES CREEK DRIVE, CUMMING, GA, 30041

  Registry ID: 110058922242

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• BEAZER HOMES USA, INC. (TRAMMEL RIDGE)entered 2015-09-29

  Primary law: CWA

  Federal penalty: $5,200

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