Routine Inspections Result in First-Time CWA Violations for 3 Operators

Three operators at construction sites near Boise, Idaho, recently paid more than $20,000 to settle two enforcement cases for Clean Water Act violations filed by EPA. The violations were found at the sites operated by Braman-Lambdin Enterprises LLC, SouthFork Landing Inc., and Warner Construction during routine EPA inspections conducted to assess compliance with the nationwide storm water Construction General Permit (CGP). The permit requires operators of construction sites to plan for and implement storm water controls, to protect surface waters from common construction pollutants like sediment, oil, and grease, and concrete washout.

Braman-Lambdin paid $13,000 for violations relating to its failure to apply for permit coverage, adequately prevent erosion, and include permanent storm water controls in their Storm Water Pollution Prevention Plan (SWPPP).

SouthFork Landing and Warner paid a combined $7,150 for violations relating to their failure to design adequate erosion and sediment controls, manage water from fire hydrant flushing and dust control discharges, and what the agency called "minor self-inspection deficiencies."

The cases were settled using EPA's Expedited Settlement Offer (ESO) Policy, a streamlined enforcement process with lower fines for first-time violators and where no significant environmental harm was observed. "Braman-Lambdin Enterprises LLC paid a higher penalty because they were unpermitted," said Kim Ogle, EPA's Region 10 Compliance Unit Manager. "The penalty structure generally penalizes unpermitted dischargers substantially more than permitted ones."

This is the fifth year in a long-term regional enforcement initiative to improve compliance with the CGP. For more about EPA's storm water Construction General Permit, visit http://cfpub.epa.gov/npdes/home.cfm?program_id=6.

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