EPA v. STANDARD PACIFIC/CALATLANTIC HOMES (WATERLEAF PHASES 1 & 2)

Case summary

9/13/16 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $24,850, DUE WITHIN 30 DAYS. ALLEGATIONS: ON MARCH 24, 2015, EPA, FDEP, AND HILLSBOROUGH COUNTY PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT THE DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER. ON JUNE 2, 2015, EPA SENT A REQUEST FOR INFO REQUESTING RESPONDENT PROVIDE INFO SPECIFIC TO RECORDS AND DOCUMENTS RELATED TO THE PERMIT. ON JULY 10, 2015, RESPONDENT PROVIDED ITS RESPONSE. AS A RESULT OF THE CSWEI, INFO REQUEST RESPONSE, AND SUBSEQUENT INVESTIGATIVE EFFORTS, EPA HAS DETERMINED THAT STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITY WAS DISCHARGED FROM THE DEVELOPMENT. EPA ALLEGES: A. AT THE TIME OF THE CSWEI, INLET PROTECTION FILTER BAGS AT SEVERAL LOCATIONS WERE NOT IN CONTACT WITH THE CURB, IN VIOLATION OF THE PERMIT. B. RESPONSE PROVIDED TO EPA SHOWED THAT INSPECTIONS AFTER RAINFALL EVENTS GREATER THAN 0.5 INCHES WERE NOT PERFORMED IN EVERY REQUIRED INSTANCE SINCE FILING ITS NOI, WITHIN 24 HOURS FOLLOWING RAINFALL EVENTS, IN VIOLATION OF THE PERMIT. C. RESPONDENT PROVIDED TO EPA SHOWED INSPECTION REPORTS WERE OCCASIONALLY INADEQUATE, NOT DOCUMENTING ACTIONS REQUIRED OR ACTIONS COMPLETED TO ADDRESS BEST MANAGEMENT PRACTICE DEFICIENCIES, IN VIOLATION OF THE PERMTI. D. AT THE TIME OF THE CSWEI, THERE WERE NOT CERTIFICATION STATEMENTS FROM SUBCONTRACTORS AVAILABLE FOR EPA REVIEW, IN VIOLATION OF THE PERMIT. E. RESPONSE PROVIDED TO EPA SHOWED THAT WEEKLY INSPECTIONS FROM APR 10, 2014, THRU JUNE 27, 2014, WERE NOT AVAILABLE AND/OR DOCUMENTED, IN VIOLATION OF THE PERMIT. THEREFORE, EPA ALLEGES THAT RESPONDENT HAS VIOLATED SECTION 301 AND 402(p) OF THE CWA.

Defendants (2)

• WATERLEAF PHASES 1 & 2Named in complaintNamed in settlement
• STANDARD PACIFIC OF TAMPA GP, INC.Named in complaintNamed in settlement

Facilities (1)

• WATERLEAF - PHASES 1 & 2

  1/4 W OF BALM-RIVERVIEW RD ON BIG BEND RD, RIVERVIEW, FL, 33579

  Registry ID: 110058922117

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• STANDARD PACIFIC/CALATLANTIC HOMES (WATERLEAF PHASES 1 & 2)entered 2016-09-13

  Primary law: CWA

  Federal penalty: $24,850

Timeline (5 milestones)

• 2016-09-13Final Order Issued
• 2016-09-13Complaint Filed/Proposed Order
• 2016-09-16Enforcement Action Data Entered
• 2016-10-20Enforcement Action Closed
• 2016-10-20NPDES Closed