WASHINGTON The Ryland Group Inc., one of the…
WASHINGTON – The Ryland Group Inc., one of the nation’s
largest homebuilders, will pay a civil penalty of $625,000 to
resolve alleged Clean Water Act violations at its construction
sites, including sites located in the Chesapeake Bay Watershed, the
Department of Justice and the U.S. Environmental Protection Agency
(EPA) announced today. Ryland will also invest in compliance
programs to improve employee training and increase management
oversight at all current and future construction sites. The company
is required to inspect its current and future construction sites
routinely to minimize stormwater runoff from sites.
“Protecting America’s water resources, like the
Chesapeake Bay, by keeping contaminated stormwater from flowing
unchecked into our waterways is one of EPA’s top
priorities,” said Cynthia Giles, Assistant Administrator for
EPA’s Office of Enforcement and Compliance and Assurance.
“Today’s settlement will improve Ryland’s
oversight of stormwater runoff at its construction sites nationwide
and protect our nation’s water resources.”
“This settlement will help protect communities in states
across the nation from harmful pollutants in stormwater
runoff,” said Ignacia S. Moreno, Assistant Attorney General
for the Environment and Natural Resources Division of the
Department of Justice. “Polluted stormwater runoff can
contaminate rivers, lakes and sources of drinking water, and it can
be easily prevented with the system-wide management controls and
training that this settlement now requires Ryland to
implement.”
EPA estimates the settlement will prevent millions of pounds of
sediment from entering U.S. waterways every year, including
sediment that would otherwise enter the Chesapeake Bay, North
America’s largest and most biologically diverse estuary. The
bay and its tidal tributaries are threatened by pollution from a
variety of sources and are overburdened with nitrogen, phosphorus
and sediment that can be carried by stormwater.
The government complaint, filed simultaneously with the settlement
agreement in the U.S. District Court in Charlotte, N.C., alleges a
pattern of violations that was discovered through site inspections
and by reviewing documentation submitted by Ryland. The alleged
violations include failure to obtain permits until after
construction began, failing to obtain permits at all, or failing to
comply with permit requirements at sites where Ryland did obtain
permits. Alleged permit violations include not developing complete
stormwater pollution prevention plans, failure to conduct adequate
inspections, and failure to install or implement adequate
stormwater controls or practices.
The Clean Water Act requires permits for the discharge of
stormwater runoff. In general, Ryland’s permits require that
construction sites have controls in place to prevent pollution from
being discharged with stormwater into nearby waterways. These
controls include common-sense safeguards such as silt fences,
phased site grading and sediment basins to prevent common
construction contaminants from entering the nation’s
waterways.
The settlement requires Ryland to obtain all required permits;
develop site-specific pollution prevention plans for each
construction site; conduct additional site inspections beyond those
required by stormwater regulations; and document and promptly
correct any problems detected. The company must properly train
construction managers and contractors on stormwater requirements
and designate trained staff for each site. Ryland must also submit
national compliance summary reports to EPA based on its quarterly
management oversight inspections and reviews.
This settlement is the latest in a series of enforcement actions
to address stormwater violations from residential construction
sites around the country. Keeping contaminated stormwater out of
America’s waters is one of EPA’s national enforcement
initiatives. Construction projects have a high potential for
environmental harm because they disturb large areas of land and
significantly increase the potential for erosion. Without onsite
pollution controls, sediment-laden runoff from construction sites
can flow directly to the nearest waterway and degrade water
quality. In addition, stormwater can pick up other pollutants,
including concrete washout, paint, used oil, solvents and trash.
Polluted runoff can harm or kill fish and wildlife, degrade aquatic
habitats and affect drinking water quality.
Seven states have joined the settlement. The states of Colorado,
Florida, Illinois, Indiana, Maryland, Nevada and the commonwealth
of Virginia will receive a portion of the $625,000 penalty. The
settlement also includes sites in the states of California,
Georgia, Kentucky, Minnesota, North Carolina, South Carolina and
Texas.
The consent decree, lodged in the U.S. District Court for the
Western District of North Carolina, is subject to a 30-day public
comment period and approval by the federal court.
More information on the settlement:
www.epa.gov/compliance/resources/cases/civil/cwa/rylandgroup.html
More information on EPA stormwater enforcement:
www.epa.gov/oecaerth/data/planning/priorities/cwastorm.html