EPA v. LENNAR HOMES, LLC/SOUTHWEST FLORIDA DIVISION/BRIDGEWATER LAKEWOOD RANCH, FL

Case summary

6/20/17 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $55,000 DUE WITHIN 30 DAYS. ALLEGATIONS: ON MARCH 24, 2015, EPA PERFORMED A COMPLIANCE STORMWATER EVALUATIO INSPECTION (SWPPP) 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 INTO WOLF SLOUGH, A NAVIGABLE WATER OF THE U.S., 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 WA, ITS IMPLEMENTING REGULATIONS, AND THE PERMIT AS FOLLOWS: A. RESPONDENT FAILED TO MAINTAIN RECORDS FOR WEEKLY AND POST-RAIN EVENT SITE INSPECTIONS FOR THE PERIOD OF SEPT 1, 2013, THRU FEB 28, 2014, AT THE SITE OR AT AN ALTERNATE LOCATION. B. RESPONDENT FAILED TO DOCUMENT THAT TIMELY REPAIRS WERE COMPLETED OF BMP FAILURES OR DEFICIENCIES AFTER 8 DIFFERENT SELF-INSPECTIONS, BETWEEN AUG 13, 2014, AND FEB 18 2015. C. RESPONDENT FAILED TO PROPERLY DOCUMENT SEDIMENT MANAGEMENT PLANS FOR REMOVAL OF SILT DEPOSITED INTO EXISTING ON-SITE STORMWATER MGMT PONDS. D. RESPONDENT FAILED TO PROPERLY STABILIZE CONSTRUCTION AREAS WHERE CONSTRUCTION ACTIVITIES HAD TEMPORARILY OR PERMANENTLY CEASED WITHIN 7 DAYS OF CESSATION. E. RESPONDENT FAILED TO INSTALL, AND IN OTHER LOCATIONS PROPERLY MAINTAIN, SILT FENCES, IN LOCATIONS WHERE THE SWPPP REQUIRED FENCES. F. RESPONDENT FAILED TO INCLUDE ALL BMP DOCUMENTATION FOR SPECIFIED CONTROL MEASURES WITHIN THE SWPPP. THEREFORE, RESPONDENT HAS VIOLATED CWA SECTIONS 301 AND 402(p) DUE TO ITS FAILURE TO COMPLY WITH THE PERMIT.

Defendants (3)

• LAKEWOOD RANCHNamed in complaintNamed in settlement
• LENNAR HOMES LLC - SOUTHWEST FLORIDA DIVISIONNamed in complaintNamed in settlement
• LENNAR HOMES LLC - BRIDGEWATERNamed in complaintNamed in settlement

Facilities (1)

• BRIDGEWATER

  13112 BRIDGEPORT CROSSINNG, BRADENTON, FL, 34211

  Registry ID: 110055024432

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• LENNAR HOMES, LLC/SOUTHWEST FLORIDA DIVISION/BRIDGEWATER LAKEWOOD RANCH, FLentered 2017-06-20

  Primary law: CWA

  Federal penalty: $55,000

Timeline (5 milestones)

• 2017-06-20Final Order Issued
• 2017-06-20Complaint Filed/Proposed Order
• 2017-06-22Enforcement Action Data Entered
• 2017-07-11NPDES Closed
• 2017-07-11Enforcement Action Closed