EPA v. D.R. HORTON, INC. (KINDRED)

Case summary

2/26/19 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $267,000, WITHIN 30 DAYS. ALLEGATIONS: COMMENCING ON OR ABOUT AUG 1, 2017, TO THE PRESENT, RESPONDENT, OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS AND TRIBUTARIES AT THE DISCHARGE AREA USING EARTH MOVING MACHINERY INCLUDING: AN EXCAVATOR, A BULLDOZER, A FRONT-END LOADER, A DUMP TRUCK, A BACKHOE, A TRENCH BOX, A VIBRATORY ROLLER, A FLATBED SEMI-TRUCK, AND A TRANS-LIFT DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF MULTI-PHASE RESIDENTIAL DEVELOPMENT. CURRENTLY, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. RESPONDENT IMPACTED APPROX 5.38 ACRES OF FRESHWATER WETLANDS AND TRIBUTARIES THAT ARE ADJACENT TO LAKE TOHOPEKALIGA, A NAVIGABLE-IN-FACT WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM AUG 1, 2017, TO THE PRESENT, DID THE RESPONDENT POSSESS A PERMIT UNDER CWA 404, AUTHORIZING THE ACTIVITIES PERFORMED BY RESPONDENT. EACH DISCHARGE BY THE RESPONDENT OF POLLUTANTS INTO NAVIGABLE WATERS W/OUT THE REQUIRED PERMIT ISSUED UNDER CWA 404 IS A VIOLATION OF SECTION 301(a) OF THE CWA.

Defendants (1)

• D.R HORTON - KINDREDNamed in complaintNamed in settlement

Facilities (1)

• WETLANDS - D.R. HORTON - KINDRED

  SW OF NEPTUNE ROAD (STATE ROAD 525) (2122 NEPTUNE), KISSIMMEE, FL, 34744

  Registry ID: 110070254367

Statutes cited

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

Enforcement conclusions (1)

• D.R. HORTON, INC. (KINDRED)entered 2019-02-26

  Primary law: CWA

  Federal penalty: $267,000

Timeline (3 milestones)

• 2019-02-26Final Order Issued
• 2019-02-26Complaint Filed/Proposed Order
• 2019-03-19Enforcement Action Data Entered