EPA Focuses on Developers and Storm Water Violations

Consistent with the United States Environmental Protection Agency's (EPA) national enforcement priority on compliance with storm water regulations at construction sites, the EPA just announced a settlement with four of the largest home builders to the tune of $4.3 million. The EPA contended that construction sites in six Midwestern cities and several other cities across the U.S. violated the Clean Water Act (CWA) requirements to address storm water issues on site. Federal and state inspections and document reviews resulted in the EPA pursuing the alleged violations. The settlement, in addition to civil penalties, will require the home builders to develop pollution control plans for their respective sites, perform site inspections and address problems discovered as a result.

To comply with storm water regulations under the CWA, 33 U.S.C. § 1342, construction companies and developers working on one or more acres of land must apply for a permit through designated state or local environmental agencies. For larger construction sites, involving more than five acres, the law requires a variety of documentation in permit applications such as a topography map, a description of the construction activity, a description of storm water pollution sources, as well as pre- and post-construction measures used to reduce or eliminate them and quantitative data about storm water discharges at the time of the application. Smaller construction sites, involving between one and five acres, must provide a map, as well as describe the construction activity, propose measures, including best management practices to prevent pollutants in storm water discharges both during and after construction, and estimate the amount of runoff pollution expected after construction is completed. After receiving permits, both large and small sites are often required to execute pollution prevention plans, which may include silt fences and sediment basins, among other measures.