Builders to Pay $430,000 Civil Penalty for Construction Storm Water Violations
Lindsey Construction Co. Inc., of Fayetteville, Ark., and one of its associated limited partnerships have agreed to pay a $430,000 civil penalty to the U.S. to settle a series of construction storm water violations that occurred during development of The Links at Columbia, a nine-hole golf course and 64-building apartment project in Columbia, Mo.
Through a stipulation of settlement filed yesterday with the U.S. Department of Justice and Environmental Protection Agency Region 7, Lindsey Construction and The Links at Columbia agreed to pay the civil penalty for violations of the federal Clean Water Act and terms of a construction storm water permit issued by the state of Missouri.
EPA Region 7 inspected the construction site in May 2007 and noted failures to implement and maintain practices to minimize runoff, failures to follow a storm water pollution prevention plan, failures to comply with water quality standards, and failures to conduct site inspections. The EPA had determined that the construction site lacked proper erosion controls, leading to accumulation of silt and sediment in Hominy Branch, a tributary of Hinkson Creek.
Previous inspections by the Missouri Department of Natural Resources (MDNR) in July 2006 and April 2007 also found that the defendants were not complying with storm water management requirements, resulting in a letter of warning and notice of violation issued by MDNR.
EPA issued a separate administrative compliance order to the defendants in August 2007, directing the companies to adhere to the requirements of the construction storm water permit and take immediate actions to reduce runoff at the construction site.
Storm water runoff from construction sites can be a significant environmental concern. Construction activity tends to increase soil erosion and runoff, which can choke streams and lakes with sediment. Such runoff, which may contain high levels of pollutants, results in increased turbidity and decreased oxygen in streams, killing fish, destroying spawning beds and suffocating fish eggs. Sediment-laden runoff also blocks light and reduces the growth of beneficial water grasses.
The settlement is subject to a 30-day public comment period and court approval before it becomes final.
Source: U.S. EPA