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EPA settles with Idaho construction company and developer for Boise stormwater violations

Release Date: 09/30/2014
Contact Information: Mark MacIntyre, EPA-Seattle, 206-553-7302, macintyre.mark@epa.gov

(Seattle – Sept. 30, 2014) Jayo Development, Inc., a residential developer, and Jayo Construction, Inc., both based in Boise, Idaho, have reached a settlement with the U.S. Environmental Protection Agency over alleged storm water violations at the Somerset Village Subdivision in Boise. As part of this settlement, the Jayo entities agreed to pay a penalty of $14,100.

Under the Clean Water Act, owners and general contractors at construction sites of one acre and larger or part of a larger common plan must apply for coverage under a National Pollutant Discharge Elimination System Construction General Permit, which requires the installation of pollution prevention practices to minimize the discharge of sediment and other pollutants in storm water runoff.

Under the permit, developers and construction companies must design, install and maintain storm water controls to prevent construction area runoff from polluting nearby streams and lakes. Without these controls, pollutants typically associated with construction sites, such as sediment, oil and grease, and concrete washout can enter nearby waterways.

“Storm water poses a serious pollution threat to Idaho’s rivers, lakes and streams,” said Jeff KenKnight, manager of EPA’s Clean Water Act Compliance Unit in Seattle. “Developers need to follow the law and make preventing polluted run-off from leaving their construction sites a top priority, or pay serious penalties.”

According to EPA, the erosion control programs of the City of Boise and Ada County Highway District rendered important assistance in its construction stormwater compliance work at the Somerset Village site.

In this case, EPA’s inspector entered the site to warn the operator that severe storms were imminent and that additional pollution prevention controls needed to be installed immediately to prevent potential discharges. The same inspector revisited the site - in driving rain - the next day to find the necessary control measures still missing, with torrents of muddy water leaving the site and entering nearby storm drains, which discharge to the Boise River. Nearby storm water discharges, including discharge from the site, even overwhelmed a nearby Ada County Highway District storm water retention pond, which drains to the Boise River.

Alleged violations at the construction site were captured in 14 individual counts, including: Failure to install and maintain adequate erosion and sediment controls; failure to prevent dust and dirt from migrating offsite and onto nearby roads; failure to update the Storm Water Pollution Prevention Plan; and failure to conduct sufficient self-inspections at the site.

For more about EPA’s storm water Construction General permit, visit: http://water.epa.gov/polwaste/npdes/stormwater/

For a map showing the location of the Somerset Village Subdivision in Boise, visit: http://www.jayoconstruction.com/communities/somersetvillage.php