EPA v. STANDARD PACIFIC/CALATLANTIC HOMES (WATERSIDE WINTER GARDEN)

Case summary

9/13/16 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $20,000, DUE WITHIN 30 DAYS. ON MARCH 25, 2015, EPA, FDEP, AND ORANGE COUNTY 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. ON JULY 1, 2015, EPA SENT RESPONDENT A REQUEST FOR INFO REQUESTING RESPONDENT TO PROVIDE RESPONDENT INFO SPECIFIC TO RECORDS AND DOCUMENTS RELATED TO THE PERMIT. ON JULY 16, 2015, THE RESPONDENT PROVIDED ITS RESPONSE TO THE RFI. ON AUG 5, 2015, RESPONDENT PROVIDED ADD'L INFO RESPONSIVE TO THE RFI. AS A RESULT OF THE CSWEI, RESPONSE TO THE RFI AND SUBSEQUENT INVESTIGATIVE EFFORTS, 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. BASED ON THE CSWEI AND REVIEW OF ADD'L INFO, EPA ALLEGES THAT RESPONDENT HAS FAILED TO COMPLY WITH THE CWA, ITS IMPLEMENTING REGS AND THE PERMIT, AS FOLLOWS: A. DURING THE CSWEI, EPA OBSERVED INLET PROTECTION THAT WAS INCORRECTLY INSTALLED AND DAMAGED, APPARENT LACK OF ADEQUATE WASTE CONTROLS (NO CONCRETE WASHOUT/PAINT WASHOUT LOCATION FOR CONSTRACTOR USE), AND SITUATIONS WITH UNMAINTAINED SILT FENCE, IN VIOLATION OF THE PERMIT. B. DURING THE CSWEI, EPA OBSERVED THAT THE SWPPP WAS NOT SIGNED BY THE RESPONDENT PRIOR TO FILING OF THE NOI, IN VIOLATION OF THE PERMIT. C. DURING THE CSWEI AND DURING THE REVIEW OF MATERIALS SUBMITTED TO THE RFI, EPA OBSERVED THAT THE RESPONDENT DID NOT KEEP A RECORD OF THE DATES OF MAJOR CONSTRUCTION ACTIVITIES AND DID NOT PROPERLY STABILIZE ALL PORTIONS OF THE SITE WHERE CONSTRUCTION ACTIVITIES HAD TEMPORARILY OR PERMANENTLY CEASED, IN VIOLATION OF THE PERMIT. D. DURING THE CSWEI EPA OBSERVED THAT THE RESPONDENT DID NOT PROPERLY INSTALL SILT FENCES OR EQUIVALENT SEDIMENT CONTROLS FOR EVERY SIDESLOPE AND DOWNSLOPE BOUNDARY, IN VIOLATION OF THE PERMIT. E. DURING THE CSWEI AND DURING THE REVIEW OF MATERIALS SUBMITTED TO THE RFI, EPA OBSERVED THAT THE RESPONDENT DID NOT, AT EVERY REQUIRED INSTANCE SINCE FILING ITS NOI, INSPECT THE SITE, USING A QUALIFIED INSPECTOR, EVERY 7 DAYS OR WITHIN 23 HOURS OF A RAINFALL EVENT OF 0.5 INCHES OR GREATER, IN VIOLATION OF THE PERMIT. F. DURING THE CSWEI, EPA OBSERVED THAT RESPONDENT HAD NOT ALWAYS PROPERLY MAINTAINED OR REPAIRED DAMAGED OR MISSING BMPs WITHIN 7 DAYS OF BEING DISCOVERED DURING SITE INSPECTIONS, IN VIOLATION OF THE PERMIT. G. DURING THE CSWEI AND DURING THE REVIEW OF MATERIALS SUBMITTED TO THE RFI, EPA OBSERVED THAT THE RESPONDENT DID NOT ALWAYS RECORD ALL OF THE INFO REQUIRED TO BE IN SITE INSPECTION REPORTS, IN VIOLATION OF THE PERMIT. H. DURING THE CSWEI, EPA OBSERVED THAT THE RESPONDENT DID NOT MAINTAINED ALL COPIES OF THE RECORDS AND REPORTS REQUIRED BY THE PLAN AT THE LOCATION SPECIFIED IN THE NOI, IN VIOLATION OF THE PERMIT. THEREFORE, EPA ALLEGES THAT THE RESPONDENT HAS VIOLATED CWA 301 AND 402(g).

Defendants (2)

• WATERSIDE - WINTER GARDENNamed in complaintNamed in settlement
• STANDARD PACIFIC OF FLORIDA GP, INC.Named in complaintNamed in settlement

Facilities (1)

• WATERSIDE - WINTER GARDEN

  16851 MARSH RD, WINTER GARDEN, FL, 34787-9124

  Registry ID: 110058926854

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• STANDARD PACIFIC/CALATLANTIC HOMES (WATERSIDE WINTER GARDEN)entered 2016-09-13

  Primary law: CWA

  Federal penalty: $20,000

Timeline (5 milestones)

• 2016-09-13Final Order Issued
• 2016-09-13Complaint Filed/Proposed Order
• 2016-09-14Enforcement Action Data Entered
• 2016-10-20Enforcement Action Closed
• 2016-10-20NPDES Closed