EPA v. STANDARD PACIFIC OF TAMPA GP, INC./CALATLANTIC (BEARSS GROVE aka THE RETREAT AT CARROLLWOOD)

Case summary

9/13/16 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $16,306, DUE WITHIN 30 DAYS. ALLEGATIONS: ON MARCH 27, 2015, EPA AND FDEP PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT THE DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER. ON JUNE 19, 2015, EPA SENT TO RESPONDENT A REQUEST FOR INFO (RFI) PURSUANT TO CWA 308, REQUESTING THE RESPONDENT TO PROVIDE INFO SPECIFIC TO RECORDS AND DOCUMENTS RELATED TO THE PERMIT. ON JULY 16, 2015, RESPONDNET PROVIDED ITS RESPONSE TO THE RFI. AS A RESULT OF THE CSWEI, RESPONSE TO THE RFI, AND SUBSEQUENT INVESTIGATIVE EFFORTS, EPA HAS DETERMINED THAT STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITY WAS DISCHARGED FROM THE DEVELOPMENT WITHIN THE MEANING OF SECTION 402(p) OF THE CWA, 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 THE NOI WAS NOT POSTED AT THE DEVELOPMENT IN A PROMINENT PLACE FOR PUBLIC VIEWING (SUCH AS ALONGSIDE A BUILDING PERMIT), IN VIOLATION OF THE PERMIT. B. OBSERVED AT VARIOUS LOCATIONS IN THE DEVELOPMENT WAS THE IMPROPER INSTALLATION OF STRUCTURAL PRACTICES THAT PROVIDE STORM DRAIN INLET PROTECTION, IN VIOLATION OF THE PERMIT. C. RESPONSE PROVIDED TO EPA SHOWED SOME INSPECTION REPORTS WERE INADEQUATE, NOT DOCUMENTING ALL ACTIONS REQUIRED OR ALL ACTIONS COMPLETED TO ADDRESS ANY BEST MANAGEMENT PRACTICES DEFICIENCIES, IN VIOLATION OF THE PERMIT. THEREFORE, EPA ALLEGES THAT RESPONDENT HAS VIOLATED SECTIONS 301 AND 402(p) OF THE CWA.

Defendants (2)

• BEARSS GROVE aka THE RETREAT AT CARROLLWOODNamed in complaintNamed in settlement
• STANDARD PACIFIC OF TAMPA GP, INC.Named in complaintNamed in settlement

Facilities (1)

• THE RETREAT AT CARROLLWOOD

  SW OF W. BEARSS AVENUE & LAKE MAGADALENE BLVD., TAMPA, FL, 33618

  Registry ID: 110069549689

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• STANDARD PACIFIC OF TAMPA GP, INC./CALATLANTIC (BEARSS GROVE aka THE RETREAT AT CARROLLWOOD)entered 2016-09-13

  Primary law: CWA

  Federal penalty: $16,306

Timeline (4 milestones)

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