Idaho Construction Sites Fined for Stormwater Violations

Operators at construction sites near Idaho Falls, Idaho, recently paid a total of $17,800 to settle two enforcement cases for violations of the Construction General Permit, issued pursuant to the Clean Water Act. The consent agreements resolving the violations were filed by EPA.

Violations were found at the sites during routine EPA inspections conducted to assess compliance with the nationwide stormwater Construction General Permit. The permit requires operators of construction sites to plan for and implement stormwater controls and to protect surface waters from common construction pollutants like sediment, oil and grease, and concrete washout. This is the fifth year in a long-term regional enforcement initiative to improve compliance with the Construction General permit.

“EPA is finding that most operators know they need Permit coverage,” said Kim Ogle, EPA’s Region 10 Compliance Unit manager. “However, there is still substantial room for improvement implementing the requirements of the Permit, as we saw in these two cases.”

The operators at the Snake River Landing site, Ball Ventures, Bateman Hall Inc., HK Contractors, Inc., were alleged to be in violation for:

• failing to provide adequate erosion protection near the Snake River, and

• lacking required planning information in Storm Water Pollution Prevention Plans (SWPPPs).

The operators at the Palisades Creek Ranch site, Palisades Creek Ranch LLC and Rockin T Construction, were alleged to be in violation for:

• failing to install all proposed erosion and sediment controls,

• failing to provide required stabilization to two areas,

• failing to conduct adequate self-inspection reports,

• failing to post the Notice of Intent, and

• omitting required planning information from their SWPPP.

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.

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