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EPA, State order developers and landowners to stop violating the Clean Water Act

Release Date: 9/13/2001
Contact Information:
406 441-1130 x225,

Release Date: 9/13/2001
Contact Information:
406 441-1123,

Release Date: 9/13/2001
Contact Information:
406 444-5263

Denver -- The U.S. Environmental Protection Agency (EPA) and the Montana Department of Environmental Quality (MDEQ) issued a compliance order to developers and landowners of a large, exclusive residential development in Big Sky, Montana. They must immediately stop releasing sediment into tributaries of the Gallatin River and stop filling nearby wetlands. They also failed to fully implement stormwater controls required under the federal Clean Water Act (CWA) and the state Water Quality Act (WQA).

EPA, the U.S. Army Corps of Engineers (Corps) and MDEQ have inspected the site repeatedly, and the visits revealed several CWA violations. The violations are related to the construction of a golf course, ski runs and roads at a privately-owned, exclusive residential development. Respondents include Tim Blixseth, Yellowstone Mountain Club (“YMC”), Yellowstone Development, LLC; Blixseth Group, Inc.; The Ranches at Yellowstone Club, LLC; Boyne USA, Inc. The CWA provides for civil penalties up to $27,500 per day, per violation. EPA and DEQ will seek civil penalties in a separate action.

"EPA is taking this action to protect the Gallatin River, its tributaries and adjacent wetlands from pollution, flow alteration and destruction of fish habitat by soil and sedimentation in the river. This action will also prevent further harm to water quality and fisheries habitat," John Wardell, EPA Montana Office Director, said.

Respondents must implement erosion control measures, delineate the wetlands, perform corrective measures on the ski hill, roads and golf course, and submit a long-term site restoration and monitoring plan. They must also obtain prior written authorization from the Corps for any activity requiring a Corps permit, and comply with all requirements of the stormwater general permit.

Property owners or contractors planning to do any stream alterations should always contact the Corps of Engineers' regulatory office in Helena at 406 441-1364 before starting work to see if they need a permit.