Residential Homebuilder Settles Clean Water Act Violations in 21 States (HQ)
WASHINGTON — Beazer Homes USA, Inc., a national residential
homebuilder, has agreed today to pay a $925,000 civil penalty to
resolve alleged Clean Water Act violations at its construction
sites in 21 states, the Justice Department and U.S. Environmental
Protection Agency (EPA) announced. As part of the settlement,
Beazer will also implement a company-wide stormwater program to
improve compliance with stormwater runoff requirements at current
and future construction sites around the country.
“Contaminated stormwater puts children and
families at risk as it may carry pollutants, including sediment,
debris, and pesticides that contribute to water quality problems.
These pollutants affect our nation’s rivers, lakes and
sources of drinking water,” said Cynthia Giles, assistant
administrator for EPA’s Office of Enforcement and Compliance
and Assurance. “Today’s settlement will help protect
public health and the environment by requiring Beazer to meet the
requirements of our nation’s environmental laws and improve
its oversight of its construction facilities.”
A portion of the settlement helps EPA efforts to
protect 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 overburdened
with nitrogen, phosphorus and sediment that can be carried by
stormwater.The settlement will result in a reduction of
approximately 10.4 million pounds of pollutants to the bay
watershed.
“This settlement will help many
communities across the nation by protecting their waterways 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.
“Contamination from runoff can be easily prevented, and those
who do not take the necessary measures face the prospect of
enforcement action under the Clean Water Act.”
The government complaint, filed simultaneously
with the settlement agreement in federal court in Nashville,
alleges a pattern of violations that was discovered through site
inspections and by reviewing documentation submitted by the
company. The alleged violations include failure to obtain permits
until after construction began, or failing to obtain them at all.
At sites with permits, violations included failure to prevent or
minimize the discharge of pollutants such as silt and debris in
stormwater runoff.
The settlement requires Beazer to develop
improved pollution prevention plans for each construction site,
conduct additional site inspections, and promptly correct any
problems detected. The company must properly train construction
managers and contractors and designate trained staff for each site.
Beazer must also implement a management and internal reporting
system to improve oversight of on-the-ground operations and submit
annual reports to EPA.
The Clean Water Act requires that construction
sites have controls in place to prevent pollution from being
discharged with stormwater into nearby waterways. These controls
include simple pollution prevention techniques such as silt fences,
phased site grading, and sediment basins to prevent common
construction contaminants from entering the nation’s
waterways.
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, pesticides, solvents
and other debris. Polluted runoff can harm or kill fish and
wildlife, degrade aquatic habitats, and affect drinking water
quality.
This settlement is the latest in a series of
enforcement actions to address stormwater violations from
construction sites around the country. In the last several years,
EPA and DOJ have reached consent decrees with nine residential
construction companies for stormwater violations resulting in
approximately $6.3 million in penalties.
Seven states have joined the settlement. The
states of Colorado, Florida, Indiana, Maryland, Nevada, and
Tennessee, and the Commonwealth of Virginia will receive a portion
of the $925,000 penalty.
The consent decree, lodged in the U.S. District
Court for the Middle District of Tennessee, is subject to a 30-day
public comment period and approval by the federal
court.
For more information:
http://www.epa.gov/compliance/resources/cases/civil/cwa/beazer.html