The Grading and Excavation Contractor Blogs

EPA is proposing to reissue its stormwater Construction General Permit for a two-year time period. The permit would apply where EPA is the permitting authority which is in five states, most territories, and most Indian country lands. The draft permit utilizes the same terms and conditions as EPA's 2003 permit which expires in July 2008. EPA is proposing the permit to coordinate it with a second effort that is underway to establish national clean water standards, known as an effluent limitation guideline, for the construction and development industry. Upon finalization of the guideline, EPA plans to include its provisions into a new and improved Construction General Permit to be reissued no later than July 2010.

Allow me to share with you a very small number of the EPA settlement announcements I receive on a routine basis. Leading the parade are stormwater, dust, and toxic materials violations, but the point I want to make here is that the number of actions has increased year by year, and given the promised environmental thrust of the incoming administration, the diligence with which enforcement is pursued is almost certain to rise to higher and higher levels.

EPA fines Pocatello construction site in Idaho”
Operators at three construction sites in Idaho were fined a total of $21,800 to settle Clean Water Act cases filed by U.S. EPA. The enforcement cases arose from inspections conducted at the start of the construction season this spring. EPA inspectors checked construction sites for compliance with the nationwide Construction General Permit, which is part of the National Pollutant Discharge Elimination System program.

Inspectors observed violations at all of the sites visited. Those violations included failure to apply for coverage under the storm water permit, failure to conduct required self-inspections, and failure to install and maintain erosion and sediment controls. The violations were settled using the EPA’s Construction Storm Water Expedited Settlement Offer Policy, a streamlined enforcement process with lower fines for operators who are first-time violators and where no significant environmental harm was yet observed.

EPA fines contractor for Route 114 bank
The construction company that built North Shore Bank's headquarters was fined $135,000 by the Environmental Protection Agency last week for polluting five sites, including the bank's Route 114 offices.

Wakefield-based TLT Construction failed to get the proper permits for storm water discharge and released polluted water in Peabody and at its construction sites at Reading Memorial High School, Pembroke High School, Needham High School and Jacobs Elementary School in Hull, according to a press release from the EPA.

Storm water running off TLT's construction sites contained sand, dirt, sediment, suspended solids and residues of construction material, according to the EPA. The sediment can negatively affect water quality.

EPA Fines Chesapeake, Va., Contractor, Alleging Illegal Wetland Drainage.
The U.S. Environmental Protection Agency is seeking $137,500 in fines against a local company, VICO Construction Corp., for allegedly tearing up wetlands illegally near the Great Dismal Swamp.

Tempe, Arizona Builder Pays $106,000 to Settle Dust Violations
The U.S. Environmental Protection Agency recently settled with Sun State of Tempe, Ariz. for alleged dust violations that occurred at commercial construction sites in Maricopa County.

From October 2004 to February 2007 Sun State allegedly failed to comply with Maricopa County rules during earth moving and dust generating operations at construction projects. Maricopa County inspectors discovered the following violations:

* failure to install a trackout control device to remove particulate matter from vehicles
* failure to immediately clean up dirt tracked out 50 feet beyond the site, and
*failure to water down disturbed surface areas while conducting earth moving operations.

The primary cause of particulate pollution in the Phoenix area is wind blown dust from construction and home development sites, road building activities, unpaved parking lots and roads, disturbed vacant lands, and paved road dust.

As part of the settlement, all current and new Sun State employees involved in dust-generating activities must complete dust-control training, the company must certify every six months that training is up-to-date, and employ a qualified dust control coordinator at all Maricopa County sites equaling or exceeding 5 acres in disturbed surface area.

Home Depot Settles Storm Water Violations
Home Depot has agreed to pay a $1.3 million penalty and implement a nationwide compliance program to resolve alleged violations of the Clean Water Act, the Justice Department and Environmental Protection Agency announced today.

The settlement resolves alleged violations that were discovered at more than 30 construction sites in 28 states where new Home Depot stores were being built. Three of those sites are located in EPA Region 7:

Garden City, Kan., Store #2219, 2614 State Route 156 - failed to submit a Notice of Intent to build at least 60 days prior to construction.

Blue Springs, Mo., Store #3024, NE Coronado Drive & Adams Dairy Parkway - building permit was not issued before construction began, proper inspections were not conducted at least once per week as required, and the Storm Water Pollution Protection Plan (SWPPP) plan did not include adequate information regarding the protection of drainage areas near the construction site.

Omaha, Neb., Store #3203, 12710 L St. - Home Depot contractor did not file an adequate SWPPP. Violations included no map of the site, inadequate schedule of construction activities and inspections, no plan for the use or protection of existing vegetation, the absence of a work stoppage plan, and inadequate information regarding reporting and recordkeeping.

The Clean Water Act requires that construction sites have controls in place to prevent pollution from being discharged with storm water into nearby waterways. Each site must have a storm water pollution prevention plan that sets guidelines and best management practices that the company will follow to prevent runoff from being contaminated by pollutants. EPA also requires that all construction projects larger than one acre obtain a federal permit.

The settlement, joined by the state of Colorado, requires that Home Depot implement a comprehensive, corporate-wide program to prevent storm water pollution at each new store it builds nationwide. Home Depot must develop improved pollution prevention plans for each site, increase site inspections, and promptly correct any problems at its sites. The company must properly train its construction managers, as well as contractors and their personnel, on the federal storm water requirements. Home Depot must also implement a management and internal reporting system to improve oversight of on-the-ground operations and appoint a high-level company official to oversee compliance at all company construction sites.

The government complaint alleged a pattern of violations that EPA discovered through state and federal inspections of construction sites and by reviewing documentation submitted by the company. The alleged violations include not obtaining permits until after construction had begun or failing to obtain the required permits at all. At the sites that had permits, EPA found violations of permit requirements that prevent pollution, such as silt and debris, from getting into storm water runoff. Violations included the failure to maintain adequate plans to prevent storm water pollution, failure to properly place and install fences around project areas to prevent silt from getting into storm water runoff, and failure to install controls at storm drains to prevent soil and sediments from reaching nearby waterways.

Improving compliance at construction sites is one of EPA's national enforcement priorities. Construction projects have a high potential for environmental harm because they cover large areas of land and have had a history of noncompliance with environmental regulations. Without on-site controls, runoff from construction sites can flow directly to the nearest waterway and can cause beach closings, swimming and fishing restrictions, and habitat degradation. As storm water flows over construction sites, it can pick up pollutants, including sediment, used oil, pesticides, solvents and other debris. Polluted runoff can harm or kill fish and wildlife and can affect drinking water quality.

Today's settlement is the latest in a series of enforcement actions to address storm water violations from construction sites around the country. A similar consent decree was reached with Wal-Mart in 2005 under which Wal-Mart established a comprehensive storm water compliance plan and paid a fine of over $3 million.

The consent decree, lodged in the U.S. District Court for the District of Delaware, is subject to a 30-day public comment period and approval by the federal court. Home Depot is required to pay the penalty within 30 days of the court's approval of the settlement.