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INREIT Properties and Goldmark Development penalized for Clean Water Act violations at Grand Forks, N.D. apartment complex

Release Date: 07/07/2009
Contact Information: Darcy O’Connor, (303) 312-6392; Diane Sipe, 303-312-6391; Richard Mylott, (303) 312-6654

(Denver, Colo. – July 7, 2009) The U.S. Environmental Protection Agency (EPA) has settled an administrative penalty action involving INREIT Properties, LLLP and Goldmark Development Corporation. EPA alleged that these companies violated the Clean Water Act (CWA) by failing to apply for and obtain a storm water construction permit and by discharging storm water without a permit during construction of the Autumn Ridge Apartments in Grand Forks, N.D. The companies have agreed to pay a penalty of $18,500.

“These alleged actions compromised water quality by ineffectively managing runoff from construction activities,” said Diane Sipe, Director of EPA Region 8’s Water Enforcement program. “EPA assessed this penalty to INREIT Properties, LLLP and Goldmark Development Corporation to send the message that ignoring storm water regulations will not be tolerated. Storm water runoff can carry high levels of pollutants such as sediment, oil and grease, suspended solids, nutrients, and heavy metals into our waterways. We will continue to pursue actions against those who violate federal laws that protect North Dakota’s waters.”

During a May 2008 inspection, EPA observed excessive sediment in storm drains, missing or inadequate storm water control practices, and large areas of disturbed soil without stabilization measures. Runoff from the Autumn Ridge Apartments site flows to the Red River.

To obtain coverage under North Dakota Department of Health’s storm water general permit for construction sites, the owner, or the owner jointly with the operator, must submit a Notice of Intent prior to the start of construction. The owner must also develop and implement a storm water pollution prevention plan (SWPPP). The SWPPP must specify the practices will be used to reduce the amount of pollutants, including sediment, which flow off the construction site in a storm event.

Before starting construction activity, contact the North Dakota Department of Health Division of Water Quality in Bismarck, N.D. at (701) 328 -5239 to determine if a storm water permit is required. Information on permitting requirements may also be found online at:

For more information on the Clean Water Act, visit EPA's compliance web page: