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Alaska Developer to Pay $15,000 for Alleged Violations of the Federal Clean Water Act

Release Date: 10/30/2008
Contact Information: Chae Park, EPA Compliance & Enforcement, (206) 553-1441, park.chae@epa.gov Tony Brown, EPA Public Affairs, (206) 553-1203, brown.anthony@epa.gov

(Anchorage, Alaska – October 30, 2008) The U.S. Environmental Protection Agency (EPA) has reached a $15,000 settlement with Anthony Lerma for violations of the federal Clean Water Act (CWA). The violations occurred at Mr. Lerma’s construction site located at 5151 Lake Otis and East 52nd Avenue in Anchorage, Alaska.

EPA alleges that Mr. Lerma violated the National Pollutant Discharge Elimination System (NPDES), Storm Water Construction General Permit. The Permit is required for discharges of storm water from any construction site with at least one acre of disturbed land. Violations included:

• failure to prepare and implement an adequate Storm Water Pollution Prevention Plan;
• failure to have adequate storm water control measures;
• failure to conduct inspections; and
• failure to properly implement stabilization measures.

“Storm water runoff from construction sites can pollute Alaska’s rivers, lakes and streams,” said Kim Ogle, EPA’s Region 10 Compliance Unit Manager. “Preventing storm water pollution from construction sites should be a top priority for every developer in the State.”

Storm water from the site runs into Campbell Creek. Campbell Creek is a tributary of Campbell Lake. Both Campbell Creek and Campbell Lake are considered waters of the United States.

According to EPA officials, Mr. Lerma’s financial condition factored into the final penalty determination. Mr. Lerma has admitted liability to all the allegations set out in EPA’s complaint, and has declared that he is now in compliance with all permit conditions at the 5151 Lake Otis and East 52nd Avenue site.

The NPDES permit program, established under the CWA, controls water pollution by regulating sources that discharge pollutants to waters in the United States.

For more about EPA’s storm water discharge permitting program, visit: http://cfpub1.epa.gov/npdes/home.cfm?program_id=6

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