EPA v. D.R HORTON, INC. (TOHO PRESERVE)

Case summary

8/9/17 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $95,000. ALLEGATIONS: COMMENCING ON OR ABOUT NOV 8, 2013, TO THE PRESENT, RESPONDENT OR THOSE ACTING ON BEHALF OF RESPONDENT, DISCHARGED DREDGED AND.OR FILL MATERIAL INTO WETLANDS AT THE SITE USING EARTH MOVING MACHINERY DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CLEARING AND FILLING OF WETLANDS FOR A MULTI-PHASED RESIDENTIAL DEVELOPMENT. RESPONDENT IMPACTED APPROX 2.4 ACRES OF HERBACEOUS FRESHWATER WETALNDS THAT ARE ADJACENT TO LAKE TOHOPEKALIGA, A NAVIGABLE-IN-FACT WATER OF THE U.S. THE DISCHARGED DREDGED AND/OR FILL MATERIAL, INCLUDING EARTHEN MATERIAL DEPOSITED AT THE DISCHARGE AREA ARE POLLUTANTS AS DEFINED UNDER CWA 502(6). AT NO TIME DURING THE DISCHARGE OF DREDGED AND.OR FILL MATERIAL DID RESPONDENT POSSESS A PERMIT UNDER CWA 404 AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT.

Defendants (1)

• D.R. HORTON, INC. (TOHO PRESERVE)Named in complaintNamed in settlement

Facilities (1)

• TOHO PRESERVE - KINDRED

  2144 HENRY PARTIN ROAD, KISSIMMEE, FL, 34744

  Registry ID: 110067369564

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• D.R HORTON, INC. (TOHO PRESERVE)entered 2017-08-17

  Primary law: CWA

  Federal penalty: $95,000

Timeline (4 milestones)

• 2017-08-17Complaint Filed/Proposed Order
• 2017-08-17Final Order Issued
• 2017-08-23Enforcement Action Data Entered
• 2017-09-21Enforcement Action Closed