EPA v. STANDARD PACIFIC OF FLORIDA GP, INC./CALATLANTIC (EAGLE LAKE SUBDIVISION 4B)

Case summary

9/13/2016 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $19,955, DUE WITHIN 30 DAYS. ALLEGATIONS: ON MAR 26, 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 RESONDENT A REQUEST FOR INFORMATION (RFI) REQUESTING RESPONDENT PROVIDE INFO SPECIFIC TO RECORDS AND DOCUMENTS RELATED TO THE PERMIT. ON JULY 17, 2015, RESPONDENT PROVIDED ITS RESPONSE. AS A RESULT OF THE CSWEI, RESPONSE TO THE RFI, AND SUBSEQUENT INVESTIGATIVE EFORTS, EPA HAS DETERMINED THAT STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITY WSA DISCHARGED FROM THE DEVELOPMENT. 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. BASED ON THE INSPECTORS' VISUAL OBSERVATIONS AND ON THE INFO PROVIDED BY THE SITE REPRESENTATIVE DURING THE CSWEI, EPA DETERMINED THAT THERE WERE AREAS WHERE CONSTRUCTION ACTIVITIES HAD TEMPORARILY CEASED FOR MORE THAN 7 DAYS W/OUT STABILIZATION MEASURES PERFORMED, IN VIOLATION OF THE PERMIT. B. DOCUMENTS PROVIDED TO EPA SHOWED THAT SINCE THE FILING OF ITS NOI, TWO CONTRACTOR RAINFALL INSPECTIONS (CONDUCTED ON SEPT 11 AND 25, 2014) WERE NOT WITHIN THE TIMEFRAME SPECIFIED, IN VIOLATION OF THE PERMIT. C. DOCUMENTS PROVIDED TO EPA SHOWED THAT INSPECTION REPORTS CONDCUTED ON FEB 6, 11, 18, 25, MARCH 1, 4, 11, 15, 25, APR 1, 8, 15, 29, MAY 13, 27, 2015 FAILED TO DOCUMENT THAT THE REQUIRED EXISTING OPEN MAINTENANCE ACTION ITEMS FROM THE PREVIOUS INSPECTION WERE IN FACT ADDRESSED WITHIN 7 DAYS, THAT THERE WAS EXCESSIVE EROSION OBSERVED THAT WAS CAUING RILLS AT VARIOUS LOCATIONS, AND THAT THE SWPPP WAS NOT REVISED AND IMPLEMENTED FOR A MORE EFFECTIVE STABILIZATION CONTROL MEASURE, IN VIOLATION OF THE PERMIT. EPA ALLEGES THAT RESPONDENT HAS VIOLATED CWA SECTIONS 301 AND 402(p).

Defendants (2)

• EAGLE LAKE SUBDIVISION 4BNamed in complaintNamed in settlement
• STANDARD PACIFIC OF FLORIDA GP, INC.Named in complaintNamed in settlement

Facilities (1)

• EAGLE LAKE SUBDIVISION - 4B

  UNKNOWN, KISSIMMEE, FL, 34746

  Registry ID: 110059704333

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• STANDARD PACIFIC OF FLORIDA GP, INC./CALATLANTIC (EAGLE LAKE SUBDIVISION)entered 2016-09-13

  Primary law: CWA

  Federal penalty: $19,955

Timeline (5 milestones)

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