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NH Real Estate Developer and Contractor to Settle Clean Water Act Case

Release Date: 09/29/04
Contact Information:

Contact: Peyton Fleming, EPA Press Office (617-918-1008)

For Immediate Release: September 29, 2004 Release # 04-09-13

BOSTON – Two New Hampshire companies involved in building a subdivision have agreed to pay a $60,000 penalty to settle claims by the U.S. Environmental Protection Agency that they violated the Clean Water Act. The two firms, K&B Development LLC in Pelham, NH and American Excavating Corp. in Derry, NH, operated for more than a year without valid federal permits for the discharge of storm water associated with construction activities in Pelham, NH, and failed to install adequate controls to protect nearby water bodies from storm water runoff.

The settlement, finalized last week, stems from construction activity at a 43-acre site on the northern face of Jeremy Hill in Pelham, NH. Construction at the site began in September 2002 and ultimately will disturb about 30 acres of land. Once completed, the site will be a residential subdivision of 24 single-family homes. K&B Development is the developer of and contractor for the Collins Way subdivision, and American Excavating was contracted to build one of the roads and an on-site storm water detention basin.

During inspections of the site in May and June 2003, EPA found existing storm water controls in poor condition. Storm water runoff had resulted in the siltation of an on-site stream and a nearby pond. EPA also found that the companies had failed to perform periodic inspections of storm water controls and failed to prepare a complete and useful storm water pollution prevention plan. K&B Development has since removed some of the accumulated silt from the stream and associated wetlands.

EPA regulations require a permit for construction sites that disturb more than one acre of land. The storm water permit seeks to protect waters from harmful pollutants that typically run off such sites and discharge into nearby waters. The permit has requirements that operators of a construction site develop a detailed management plan for mitigating the effects of storm water runoff.

Rainwater running of construction sites can carry solvents, paints, oil, nutrients, sediment, and other pollutants into nearby streams, ponds, and rivers. Runoff from a one-acre construction site can result in the erosion of as much as 20 to 150 tons of sediment in one year if not properly managed. Sediments reduce the storage capacity of drains and waterways, causing flooding, and adversely affect water quality and fish habitat. Sediments and chemicals can also contribute to fish die-offs, toxic algae blooms, contaminated fish beds and closed swimming beaches.

EPA has developed written materials, web sites, workshops and other products to help those involved in construction projects understand how to comply with storm water laws. For more information on how to comply with those rules, visit the agency’s web site at Developers seeking further assistance can contact Abby Swaine at 617-918-1841 or

Related Information:
Water Enforcement in New England
Clean Water Act
Storm Water Topics