International Builder and DC-based Subsidiary Agree to Pay $270,000 to Settle Stormwater Violations at Construction Sites

Press release:

International Builder and DC-based Subsidiary Agree to Pay $270,000

to Settle Stormwater Violations at Construction Sites

 

(PHILADELPHIA, August 29, 2012) Turner Construction Co., an international builder based in New York City, and its subsidiary Tompkins Builders, Inc. of Washington, D.C., have agreed to pay $270,000 in civil penalties for alleged violations of federal stormwater regulations at construction sites throughout the mid-Atlantic region, the U.S. Environmental Protection Agency announced today.    

On August 27, 2012 EPA filed two Consent Agreements and Final Orders alleging that Turner and Tompkins violated their Clean Water Act permits allowing for the discharge of stormwater from construction sites, and in other instances discharged construction stormwater without permits. The alleged violations occurred at 17 construction sites the companies operated in Maryland, Virginia, Pennsylvania and Washington, D.C. Fifteen of these sites are located in the Chesapeake Bay watershed and two are in the Delaware River watershed (see attached list of construction sites).

Turner and Tompkins operated these sites for clients including federal and local governments, the Department of Defense, universities and other organizations. A construction project at Prince George’s Community College Center for Health Studies is among them, in which case unfiltered basin water flowed, absent a permit, to the storm sewer system that discharges to the Western Branch of the Patuxent River.

In the mid-Atlantic region, Virginia, Maryland, and Pennsylvania are authorized to issue CWA stormwater permits with oversight from EPA; stormwater permits in the District of Columbia are issued by EPA.

In general, the permits in this case required the companies to install controls to prevent pollutants, such as sediment, debris, and chemicals, from being discharged in stormwater into nearby waterways. These controls may include common-sense safeguards such as silt fences, phased site grading and sediment basins to prevent construction contaminants from polluting waterways.

EPA’s complaint includes allegations that at various sites the companies failed to:

•     Perform or properly document required site inspections;
•     Maintain structures and controls designed to prevent polluted stormwater from reaching streams; and,
•     Obtain CWA Permits prior to beginning construction.  

EPA worked closely with state and local environmental agencies to detect and resolve these violations. State and local personnel conducted numerous field inspections, and the agencies shared technical and legal expertise. EPA required Turner and Tompkins to provide extensive documentation concerning their construction activities at numerous locations.
In addition to paying civil penalties, Turner and Tompkins entered into an earlier settlement requiring the companies to implement a program to assure future compliance with federal construction stormwater requirements.
As part of the settlement, the companies did not admit liability for the alleged violations. To view a copy of the consent agreement http://www.epa.gov/reg3wapd/npdes/enforcement.html.

To learn more about EPA’s stormwater management program, http://www.epa.gov/npdes/stormwater.

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Turner/Tompkins Construction Sites where stormwater violations occurred:

Facilities Covered	Facility Address
Sustainment Center for Excellence	Corner of Lee Avenue and A Avenue, Fort Lee, VA 23801
Langley Air Force Base Hospital Addition	63 Pine Road, Langley Air Force Base, VA 23665
Warrenton Training Center, Station C Firing Range	Summerduck Road, Remmington, VA
Building B-70 Warrenton Training Center	Bearwallow Road, Warrenton VA
D.C. Youth Center, Laurel, MD	8100 Main Ave, Laurel, Md 20724
Hershey Expansion Project	Hershey, PA
Martin Luther King Memorial	Ind Avenue, and West Basin Drive, SW, Washington, DC 20001
Fort Belvoir Community Hospital	Building R1450, 9025 Richmond Hwy, Fort Belvoir 22314
Prince George’s Community College Center for Health Studies	301 Hay Road, Largo, MD 20774
TRADOC Headquarters	Murphy Field, Fort Eustis, VA 23604
Franklin & Marshall University Race Street Parking Lot	415 Harrisburg Avenue, Lancaster, PA 17603
Army National Guard Readiness Center	111 S George Mason Dr., Arlington, VA 22204
Drexel University Integrated Sciences Building	33rd and Chestnut St, Philadelphia, PA 19104
FDA Consolidation at White Oak – Buildings 31 & 32	10903 New Hampshire Avenue, Silver Spring, MD 20993
Penn Park Complex	299 South 30th St. Philadelphia, PA 19104
Salamander Resort and Spa	23325 Foxcroft Rd, Middleburg, VA 20117
C4ISR Center for Excellence	2201 Averdeen Blvd. Aberdeen Proving Ground, MD 21010

EPA Seeks IDNR Action to Correct Deficiencies in Iowa’s CAFO Permitting and Compliance Program

U.S. Environmental Protection Agency, Region 7

901 N. Fifth St., Kansas City, KS 66101

Iowa, Kansas, Missouri, Nebraska, and Nine Tribal Nations

EPA Seeks IDNR Action to Correct Deficiencies in Iowa’s CAFO Permitting and Compliance Program

Contact Information: Kris Lancaster, 913-551-7557, lancaster.kris@epa.gov/

Environmental News

FOR IMMEDIATE RELEASE

(Kansas City, Kan., July 12, 2012) - EPA’s initial findings from an informal investigation of the Iowa Department of Natural Resources’ (IDNR) permit program for concentrated animal feeding operations (CAFOs) disclose several correctable deficiencies.

EPA’s investigation was carried out in response to a petition for withdrawal of the National Pollutant Discharge Elimination System (NPDES) program authorization from IDNR that was filed in 2007 by the Iowa Citizens for Community Improvement, Sierra Club and the Environmental Integrity Project. Federal regulations allow interested parties to file these petitions when they are concerned that a state is not meeting the minimum NPDES program requirements.

EPA’s initial findings identify deficiencies in IDNR’s NPDES program that the state agency will need to correct. Among others, EPA found that IDNR does not have an adequate program to assess whether unpermitted CAFOs need NPDES permits. The findings also note that IDNR must clarify its authority to issue NPDES permits to confinement (roofed) CAFOs that discharge.

EPA also found that in a number of cases involving Clean Water Act (CWA) violations, IDNR failed to take timely and adequate enforcement actions, and assess adequate penalties. The report containing the initial findings is available at www.epa.gov/region7/water.

“Although today’s report highlights areas for improvement, IDNR has made substantial strides in identifying large open feedlots and requiring those operators to apply for permits,” said Karl Brooks, EPA Region 7 Administrator. “As a national leader in beef, swine and poultry production, with roughly 7,000 animal feeding operations, it is imperative that Iowa have an NPDES permitting, compliance and enforcement program that complies with federal law and protects the quality of Iowa’s rivers, lakes and streams.”

The issuance of the initial report is the first step in the process in which EPA will work with IDNR to correct the deficiencies. EPA has asked that IDNR provide a written response to the report, within 60 days, describing the actions IDNR has taken or will take to correct the deficiencies, including a proposed plan and timeline to address the deficiencies. EPA intends to provide an opportunity for the public to comment on IDNR proposals to correct the deficiencies.

Any discharge of pollutants into a river or stream is a violation of the Clean Water Act unless the discharge is authorized by an NPDES permit. NPDES, a part of the Clean Water Act, requires CAFOs that discharge to obtain a permit from EPA or authorized states. The Clean Water Act also requires EPA and authorized states to assess whether CAFOs discharge and need an NPDES permit.

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A New USDA Funded Wastewater Treatment Facility Protects the Upper St. Croix Watershed in Wisconsin

Post from the USDA blog.  To view the post, click the link below:

http://blogs.usda.gov/2012/05/11/a-new-usda-funded-wastewater-treatment-facility-protects-the-upper-st-croix-watershed-in-wisconsin/#more-40065

City of Wapato’s sewage treatment plant cited for exceeding ammonia levels and operating without a water discharge permit

City of Wapato’s sewage treatment plant cited for exceeding ammonia levels and operating without a water discharge permit

Contact: Derek Schruhl, EPA NPDES Compliance Unit, 206-553-1146, schruhl.derek@epa.gov; Tony Brown, EPA Public Affairs, 206-553-1203, brown.anthony@epa.gov

(Seattle—March 29, 2012) The City of Wapato, Washington will pay a fine for excess pollution discharges from its municipal sewage treatment facility in violation of its Clean Water Act permit, according to an agreement with the U.S. Environmental Protection Agency.

The City’s wastewater treatment facility provides secondary treatment of wastewater prior to discharge to the Yakima River. The violations took place on Yakama tribal land, but the facility is not tribally-owned.

The treatment facility exceeded levels of ammonia in its National Pollutant Discharge Elimination System permit more than 431 times between 2006-2010. Ammonia constituted the majority of the violations. The Facility also discharged without permit between June 2010 and September 2011. The City will pay a fine of $57,000.

“Pollutant discharge limits safeguard our waterways against environmental harm,” said Kimberly Ogle, NPDES Unit Manager at EPA’s Seattle office. “Facilities have a responsibility to stick to approved levels. The City of Wapato is working with EPA to come into compliance.”

Ammonia occurs naturally and is also produced by human activity. Exposure to high levels of ammonia can cause irritation and serious burns on the skin and in the mouth, throat, lungs, and eyes. Ammonia and heavy metals like zinc and copper, even in small amounts, can be highly toxic to aquatic organisms, including fish.

For more information about NPDES, visit: http://cfpub.epa.gov/npdes/

EPA Orders Foster Poultry Farms to Stop Discharging Pollutants Into Louisiana Waters

EPA Orders Foster Poultry Farms

to Stop Discharging Pollutants Into Louisiana Waters

(DALLAS – March 26, 2012) The Environmental Protection Agency (EPA) has issued a cease and desist administrative order to Foster Poultry Farms in Claiborne Parish, Louisiana, for unauthorized discharges of pollutants into a tributary of Leatherman Creek.

On January 26, 2012, the EPA inspected the hatchery and found unauthorized discharges of pollutants from its process wastewater lagoon to an unnamed tributary of Leatherman Creek. Leatherman Creek drains into Black Creek Bayou and it in turn drains into the Red River.

“A chicken hatchery should be raising chickens not pollution levels in nearby rivers,” said EPA Regional Administrator Al Armendariz. “We expect poultry farms to comply with laws that protect water quality.”

Foster Poultry Farms, doing business as Foster Farms Athens Hatchery, operates a chicken hatchery located approximately two miles east of Athens on the north side of Louisiana Highway 518 in Claiborne Parish. The facility has been ordered to immediately stop all discharges of pollutants into waters of the United States.

Water quality across the United States is threatened by phosphorus and nitrogen, two nutrients present in chicken litter. In excessive amounts, nutrients often cause an explosion of algae that robs water of oxygen, causing fish kills.

As a result of the inspection, Foster Poultry Farms has been ordered to immediately take action to stop all discharges of pollutants from its process wastewater lagoon. Within 30 days they must submit to the EPA and the Louisiana Department of Environmental Quality a certified summary, including photographs, that document the unauthorized discharges have been stopped.

More about activities in EPA Region 6 is available at http://www.epa.gov/aboutepa/region6.html

EPA audio file is available at http://www.epa.gov/region6/6xa/podcast/mar2012.html

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Crowds fill downtown for St. Patrick's Day

Do you suppose they had an NPDES permit to turn the Chicago River green?

Crowds fill downtown for St. Patrick's Day

IEPA Grants Variance

FOR IMMEDIATE RELEASE March 12, 2012    Illinois EPA grants DeKalb Sanitary District Provisional Variance from Permit Requirements Springfield—The Illinois Environmental Protection Agency (IEPA) has granted the DeKalb Sanitary District a provisional variance from certain National Pollutant Discharge Elimination System (NPDES) water discharge permit conditions, in order to complete necessary repairs to the rotary distributor of the #2 trickling filter.   The DeKalb Sanitary District requested the variance in order to rebuild the rotary distributor, including bearings and seals. The distributor arms must be dismantled to achieve repairs. While the trickling filter is out of service the District will not be able to meet certain effluent limits and design maximum flow. The DeKalb Sanitary District is the designated authority for planning, collection and treatment of wastewater in DeKalb Township, Afton Township and parts of Cortland Township.  The District currently serves approximately 55,000 users.  The District receives and treats all wastewater at its Main wastewater treatment plant.  The DeKalb Sanitary District must continue to meet all other effluent conditions in its NPDES permit and must operate the treatment plant to produce the best effluent possible at all times. In addition, the District must closely monitor the Kishwaukee River and immediately notify the Agency of any adverse environmental impacts as a result of this discharge. The Illinois EPA has determined that any environmental impact from the variance must be closely monitored, and the Agency must be notified immediately of any adverse impacts; no reasonable alternative appears to be available; no public water supplies will be affected; no federal regulations would prohibit granting the request; and the facility would face an arbitrary and unreasonable hardship if the Agency did not grant the requested variance.  The provisional variance will end no later than April 13, 2012.

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EPA Issues New Construction Stormwater General Permit

News release from EPA:

FOR IMMEDIATE RELEASE
February 16, 2012

EPA Issues Permit for Stormwater Discharges from Construction Sites

New permit includes more protections for waterways, shaped by important public and stakeholder feedback

WASHINGTON – The U.S. Environmental Protection Agency (EPA) is issuing a new permit, in accordance with the Clean Water Act, that will provide streamlined permitting to thousands of construction operators, while protecting our nation’s waterways from discharges of polluted stormwater from construction sites. Stormwater discharges from construction sites can contain harmful pollutants, such as nutrients, that contaminate waters, increase drinking water treatment costs, and damage aquatic ecosystems. The new permit was shaped by important input from the public and stakeholders to ensure that it provides important protections for waterways, while also providing flexibility to operators.

The 2012 construction general permit (CGP) is required under the Clean Water Act and replaces the existing 2008 CGP, which expired on February 15, 2012. The new permit includes a number of enhanced protections for surface waters, including provisions to protect impaired and sensitive waters. Under the Clean Water Act, national pollutant discharge elimination system (NPDES) permits are typically issued for a five-year period, after which time EPA generally issues revised permits based on updated information and requirements, as is the case with today’s announcement. NPDES permits control water pollution by including limits on the amount of pollutants that can be discharged into waterways by specific sources. The permit also provides new flexibilities for operators. For example, it allows for emergency projects (e.g., restoration following a flood or other natural disaster) to begin immediately without permit authorization from EPA, while still retaining full authority for EPA to ensure that the project proceeds in an environmentally responsible manner once it has commenced. The permit also enables operators of already permitted projects flexibility where compliance with a new permit requirement is economically impracticable.  

The 2012 CGP updates include steps intended to limit erosion, minimize pollution sources, provide natural buffers or their equivalent around surface waters, and further restrict discharges to areas impaired by previous pollution discharge.

Many of the permit requirements implement new effluent limitations guidelines and new source performance standards for the construction and development industry that became effective on February 1, 2010, which include pollution control techniques to decrease erosion and sediment pollution.

The permit will be effective in areas where EPA is the permitting authority: Idaho, Massachusetts, New Hampshire, New Mexico, Washington, D.C., and most U.S. territories and in Indian country lands.

EPA invited the public to comment on the draft permit. The agency also had a webcast to introduce owners and operators of construction sites, members of the public, and State or Tribal permitting authorities to the new requirements of the proposed CGP.

More information on the proposed construction general permit:
http://cfpub.epa.gov/npdes/stormwater/cgp.cfm

Proposed Storm Water Permit Incorporates Low Impact Development

News release from EPA Region 10:


EPA’s Proposed Stormwater Permit for JBLM Incorporates Low Impact Development to Protect Puget Sound

(Seattle – January 31, 2012) Due to its size, population and proximity to Puget Sound, Joint Base Lewis-McChord has received a proposed Municipal Stormwater discharge permit from the U.S. Environmental Protection Agency. The permit, when final, is expected to help guide how stormwater is managed across nearly 142 square miles of base property over the next decade and beyond.

Located just south of Tacoma, JBLM is recognized as the largest military installation on the West Coast. The most recent population estimate for the base was 95,000 people, including military personnel, military dependants residing on base, civilian employees, and visitors.

"JBLM plays a vital role in our national security and the regional economy," said Mike Bussell, Director of EPA’s office of Water and Watersheds in Seattle. "So we designed this new permit to help them accomplish their mission of providing a safe, healthy community for those who serve our country, while reducing the storm water pollution threat to base streams, lakes and Puget Sound."

Stormwater (surface runoff from rain and snow melt) is recognized as a major source of pollution to the Puget Sound. Commercial and housing development alters the land’s natural ability to absorb and evaporate rainfall. Expanding impervious surfaces (like roads and roofs) then converge with a growing population to produce more vehicle related pollution that settles on those surfaces. When it rains, it all runs off into lakes, rivers, streams and ultimately the Puget Sound.

EPA’s draft municipal separate storm sewer system (MS4) permit for JBLM is the first such proposed permit for a military or other federal facility in western Washington. The draft permit requires specific actions and activities that must be accomplished over at least the next five years to protect local waters.

JBLM has been implementing a stormwater program for several years in anticipation of receiving a permit from EPA. Among the new requirements under the proposed permit, the base must control runoff from all construction sites; control runoff from all new development and redevelopment sites; map, inspect, and maintain the storm system, and engage JBLM employees and the community about preventing pollutants in storm water runoff.

Due to its proximity to Puget Sound, the Base permit also requires:

• stormwater runoff from redevelopment and new projects must meet performance standards through use of Low Impact Development (LID) techniques and, if needed, traditional stormwater features (detention ponds);
• a new construction project threshold of 5,000 square feet or greater;
• a program to reduce runoff from the existing developed areas;
• a biological stream health monitoring program using aquatic insects in Clover and Murray Creeks.

EPA’s proposed permit requires LID practices such as rain gardens, permeable pavement, native vegetation areas, and green roofs to avoid or lessen the reliance on traditional stormwater pipes and ponds. By using LID, a larger portion of rainfall will be intercepted, infiltrated, evaporated, or reused to avoid excess runoff. These actions will help maintain or restore a more natural stream flow throughout the year, replenish groundwater, and help protect fish and other aquatic organisms. It will also reduce the influx of pollutants washed into the streams, creeks and lakes on the base or into Puget Sound.

EPA will hold a public meeting to discuss the permit on:

Monday, March 19, 2012

Lakewood Library

6300 Wildaire Road Southwest

Lakewood, Washington 98499

6:00 pm open house & 6:30 – 8:00 pm public meeting

Comments on the Draft Permit Will Be Accepted through March 30, 2012

Send or e-mail comments by March 30, 2012 to:

EPA Region 10

Office of Water and Watersheds, OWW-130

Attn: NPDES Stormwater – JBLM

1200 Sixth Avenue, Suite 900

Seattle, WA 98101

or via email to the following address: vakoc.misha@epa.gov

After the comment period ends EPA will consider and respond to all comments, and make any necessary changes to the draft permit. The Washington Department of Ecology will also consider certifying the permit in accordance with Section 401 of the Clean Water Act. The EPA Director of the Office of Water & Watersheds will then make a final decision about permit issuance.

For a copy of the Draft Permit:


http://yosemite.epa.gov/R10/WATER.NSF/stormwater/homehttp://yosemite.epa.gov/r10/water.nsf/npdes+public+notices/jblm-ms4-pn-2011

For more about how EPA works to protect water quality from stormwater in the Pacific Northwest: 

http://www.epa.gov/region10/stormwater

EPA Proposes Waste Water Discharge Permits

From EPA Region 10:


EPA proposes waste water discharge permits for oil and gas exploration in Alaska’s Beaufort and Chukchi Seas


Comments from the public accepted until March 30, 2012
Contact:
Suzanne Skadowski, Community Involvement, 206-553-6689, skadowski.suzanne@epa.gov
Marianne Holsman, Public Affairs, 206-553-1237, holsman.marianne@epa.gov  


(Seattle – Jan. 30, 2012) EPA is now seeking input on two draft waste water discharge permits for oil and gas exploration activities in Alaska’s Beaufort and Chukchi Seas. The proposed Clean Water Act permits protect public health and the marine environment by placing limits and conditions on the types and amounts of pollution companies can discharge in waste water during oil and gas exploration activities. The proposed permits also require the companies to conduct environmental studies before, during, and after drilling discharges occur to ensure compliance with permit limits.       

These permits are National Pollutant Discharge Elimination System (NPDES) General Permits. EPA is proposing one General Permit for the Chukchi Sea and one for the Beaufort Sea. The existing Arctic General Permit (GP), which covered oil and gas exploration discharges for both seas, expired June 2011. Companies currently covered under the expired Arctic GP must reapply for coverage and comply with the new terms and conditions under the final Beaufort and/or Chukchi General Permits.

A detailed summary table of the changes in the General Permits and the specific sections EPA is requesting comments on is included in Appendix A of the Fact Sheet. EPA plans to re-issue the final Beaufort Sea and Chukchi Sea General Permits by October 2012.

The public comment period for the proposed permits starts: January 30, 2012 and ends March 30, 2012. After the public comment period ends, the EPA will review and address public comments before making final decisions on the Beaufort Sea and Chukchi Sea General Permits.

People who want to comment on the draft General Permits and Fact Sheet must do so by March 30, 2012 by any of the following methods:

• Mail: US EPA Region 10, Suite 900, Attn: Hanh Shaw, Office of Water/Watersheds, 1200 6th Ave, OWW-130, Seattle, WA 98101
• Email: R10arcticpermits@epa.gov
• Fax: Hanh Shaw, 206-553-0165

EPA will hold public hearings on the following dates:

• March 13, 2012, in Barrow, Alaska, at the Inupiat Heritage Center
• March 15, 2012, in Anchorage, Alaska, at the Loussac Public Library

Both hearings will begin at 6:00 p.m.  Alaska Standard Time (AKST) and end at 10:00 p.m.
EPA will also hold two hearings via teleconferences on March 16, 2012, at the following times: 10:00 a.m. – 1:00 p.m., and 2:00 p.m. – 5:00 p.m. AKST, 1-866-299-3188, code: 2065536524.

For more information about the draft General Permits and to view project documents, visit: http://yosemite.epa.gov/r10/water.nsf/npdes+permits/arctic-gp

EPA Orders Racetrack to Stop Discharges

News Release from EPA Region 6:

EPA Orders Albuquerque Racetrack to Stop Discharges to Protect Rio Grande

(DALLAS – January 25, 2012)  The Environmental Protection Agency (EPA) has issued an order to halt discharges of animal waste, industrial run-off and other pollutants into the Rio Grande.  The action was taken against the Downs at Albuquerque Inc. and EXPO New Mexico, a 93-acre race track and casino in Albuquerque, New Mexico, that accommodates almost 1,400 horses during racing season.

“Companies must operate in a way that protects vital water resources,” said EPA Regional Administrator Al Armendariz.  “When a facility fails to meet its responsibilities, the EPA will work closely with our state partner agencies to enforce the law.”

On November 15, 2011, the New Mexico Environmental Department (NMED) conducted an on-site inspection and found that the facility did not have a properly designed storm water runoff containment structure.  The facility also does not have a National Pollutant Discharge Elimination System permit which allows facilities to discharge to waters of the U.S.  

Pollutants commonly associated with animal waste or manure often include nitrogen and phosphorus, organic matter, bacteria and sediments.  These pollutants can clog rivers and streams with algae, kill fish by reducing oxygen in the water, transmit waterborne diseases and impair the enjoyment of waterways.

To comply with the order, the Downs and EXPO New Mexico must immediately take all necessary actions to prevent future discharges of pollutants into U.S. waters and notify the EPA of any discharges of pollutants from the facility into waters of the U.S.  

For more information about animal feeding operations, visit http://cfpub.epa.gov/npdes/afo/cafofinalrule.cfm
More about activities in EPA Region 6 is available at http://www.epa.gov/aboutepa/region6.html
EPA audio file is available at http://www.epa.gov/region6/6xa/podcast/jan2012.html