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Harrison Heights Subdivision and Contractor Agree to Pay $27,500 for Storm Water Violations

Release Date: 1/27/2005
Contact Information: Mark MacIntyre
macintyre.mark@epamail.epa.gov
(206) 553-7302

January 27, 2005

Harrison Heights, LLC and its contractor, Iron Triangle, recently agreed to pay a $27,500 penalty for violating the storm water provisions of the federal Clean Water Act during construction of the Harrison Heights subdivision on the southeast side of Coeur d’Alene Lake.

The U.S. Environmental Protection Agency (EPA) assessed the penalty for violations that occurred during construction activities at the northern Idaho subdivision between September 2002 and February 2003. In its original complaint, EPA charged that the two companies failed to apply for or obtain the general Clean Water Act permit for storm water discharges at construction sites. Specifically, EPA alleged that the companies were building roads and clearing land without an adequate Storm Water Pollution Prevention Plan or sediment and erosion control measures in place at the site. The activities resulted in discharges of soil and sediment from the site into a nearby tributary to Coeur d’Alene Lake.

Sediment-laden runoff results in increased turbidity and decreased oxygen in a stream, which in turn results in loss of in-stream habitat for fish and other aquatic species.

Kimberly Ogle, EPA’s water quality enforcement manager, said every developer should have a site plan for managing storm water responsibly.

“It’s well known that storm water runoff – especially from construction sites – can harm water quality,” Ogle said. “The law requires that a permit be obtained and that a plan be written and followed to prevent soil, debris, and contaminated water from polluting our streams, lakes and rivers. This kind of violation isn’t acceptable.”

Since EPA issued its initial complaint, the companies have obtained the required Clean Water Act permit coverage and are using best management practices to control and reduce storm water discharges.

The agreement between EPA and Harrison Heights and Iron Triangle is formalized in a Consent Agreement and Final Order which settles all Clean Water Act claims by EPA for the violations in the original complaint issued in 2003. The companies have until April 13 to pay the penalty.

Harrison Heights is planning to develop 154 lots ranging from one third to one acre at the 135-acre subdivision.

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Related Links:

Stormwater Program (cfpub.epa.gov/npdes/home.cfm?program_id=6)
Does Your Construction Site Need a Stormwater Permit? A Construction Site Operator’s Guide to EPA’s Stormwater Permit Program (4pp .pdf)

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