Four of the nation's largest homebuilders agreed Wednesday to pay $4.3 million in fines for allegedly polluting streams and lakes with dirt from their construction sites carried in stormwater runoff.
Seventy-one of the sites were in Georgia. Muddy runoff is among the biggest threats to the state's rivers and lakes. It also harms wildlife and vegetation dependent on those waterways, including fish and river otters.
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The consent decree, filed in U.S. District Court in Alexandria, Va., and jointly announced by the U.S. Environmental Protection Agency and the U.S. Department of Justice, ended a sweeping, six-year federal investigation of hundreds of subdivision construction sites in Georgia and 33 other states.
The EPA's complaint listed Georgia residential developments by Pulte Homes, based in Bloomfield Hills, Mich.; KB Home, based in Los Angeles; and Centex Homes, based in Dallas. Most are in metro Atlanta. The fourth homebuilder fined — Denver-based Richmond American Homes — did not have property listed in Georgia.
During on-site inspections from 2002 to 2005, EPA investigators found a widespread pattern of Clean Water Act violations, federal officials said. The problems ranged from incomplete paperwork to no pollution controls. Under state and federal laws, builders are required to prevent muddy runoff from leaving construction sites and polluting nearby waterways by using silt fences, hay bales, rock filters, detention ponds and other low-tech devices.
Local governments are generally charged with ensuring construction crews are maintaining the proper pollution controls, and the Georgia Environmental Protection Division serves as a backstop. But the state has fallen far short of a 2002 goal to hire 80 dirt police to inspect sites across the state. Today there are only 24.
The state is also requiring construction crews to be educated on the regulations to stop violations at the source. Under a 2003 law, thousands of construction workers have been certified in erosion and sedimentation control.
During a teleconference call Wednesday with reporters, EPA Assistant Administrator Granta Nakayama estimated the consent decrees against the four homebuilders will keep 1.2 billion pounds of dirt out of the nation's rivers and lakes every year. Together, the companies build more than 100,000 houses a year.
"Too much dirt in waterways can cause major problems for the environment," Nakayama said. "Whatever ends up on the ground at a construction site can end up in the nearest waterway."
Pulte Homes spokesman Mark Marymee said the company started an in-house training two years ago to make sure employees understand the Clean Water requirements. The new program includes spot inspections of its sites to ensure compliance.
"We're pleased with our progress," Marymee said.
The settlement agreement also requires the companies to increase site inspections and train construction managers and contractors.
In a statement, Justine Thompson, executive director of Atlanta-based GreenLaw, said, "This sends a strong message that failure to comply with the law has consequences. Now we need local governments to follow EPA's lead and take similar action. Georgia's water quality is suffering from death by a thousand cuts."
GreenLaw is an environmental legal team that has sued more than a dozen builders for stormwater violations since 2005.
Wednesday's action was the latest in a series by the EPA to enforce stormwater regulations around the country.
In February, the agency reached a similar agreement with Atlanta-based Home Depot, which required the company to pay a fine of $1.3 million and establish a comprehensive stormwater compliance plan to prevent future violations. In 2005, Wal-Mart paid $3.1 million for similar violations.
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Comments
By yugan
Jun 12, 2008 4:54 PM | Link to this
please put a link at the end of the story to comment. i wanted to comment and had to search for a couple of secs to see where the commenting form is. it becomes much more difficult if the # of comments become huge. please consider. thanks
By Ima Dirtypolluter
Jun 12, 2008 3:49 PM | Link to this
Why aren't these criminal polluters in jail? Lets get a citizens lawsuit against the management! I suppose they thought since Bush hacks do not care anything about the environment they could get by with polluting.
BTW, know why those tomato eating folks got sick and died? The Bush cronies gutted the FDA inspection division. Yes, I voted for that uncaring jerk!
By wesley
Jun 12, 2008 2:45 PM | Link to this
typical money grubbing developers who care nothing about the environment as long as they are lining their pockets with all the green they can grab at the expense of the environment around them. Makes me sick, i live in myrtle beach and i see it everyday. Also the houses are so cheaply built i would be scared to live in one. No one especially greedy developers care about the environment anymore, sooner or later it will all be gone and then it will be too late.....
By bob
Jun 12, 2008 12:10 PM | Link to this
Right,
Ask Green Law if any of these old fines ever been paid or will the new ones be paid?
Why exactly did it take so long to fine them?
good luck
By debbie
Jun 12, 2008 11:20 AM | Link to this
Peachtree battle creek near Bobby Jones GC is normally home to lots of beautiful fish, turtles, beavers/otters, birds, etc. Yesterday, after the rains, the creek looked like chocolate milk with trash floating in it. I wonder where all the animals go when this happens???
By Willie
Jun 12, 2008 10:40 AM | Link to this
I wish they would enforce the laws. I live in Cobb County in a new subdivision and after every rain the street is covered in mud. The builder knows the Cobb inspector so nothing ever happens.
By peter hasket
Jun 12, 2008 10:25 AM | Link to this
where are the dirt police? you called them. now where are they?
By SavTechIE
Jun 12, 2008 9:17 AM | Link to this
Georgia constraints are little more than cosmetic. Over the years I've installed conforming silt fences and hay bales to little real effect. Last week I saw some 4' long pieces of 6" flex drain pipe, with curved ends sticking up in the air, in front of storm drain openings in curbs. I imagine they were held in place with ropes tied to bricks hanging inside the drains. Let's either drop the pretences or else enforce legitimate and effective regulations.
By CJJScout
Jun 12, 2008 8:02 AM | Link to this
I love it when folks like Michael speak from ignorance. Helps me start my day with a laugh.
By Michael
Jun 12, 2008 7:30 AM | Link to this
Way to drop the ball Georgia. Always picking developers over the environment! When these guys watch "Mr Smith goes to Washington". you wonder if they are rooting for Taylor.
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