EPA Region 10 Clean Water Act enforcement actions in 2021
In 2021 the Region 10 office of the U.S. Environmental Protection Agency – which enforces federal environmental laws in Alaska, Idaho, Oregon, and Washington – completed the following 15 enforcement cases for violations of the Clean Water Act. The cases covered violations of
- stormwater management requirements at construction sites,
- oil spill prevention and control regulations,
- wetlands rules, and
- pollution discharge limits at wastewater treatment and seafood processing plants.
Other, larger cases finalized by the agency have been announced through stand-alone news releases viewable on EPA’s website.
Ed Kowalski, Director of EPA Region 10’s Enforcement and Compliance Assurance Division: “We all benefit from the wetlands, creeks, stream, rivers, ponds and lakes in our communities, and we all share the responsibility to protect them. EPA and its state partners vigorously enforce the Clean Water Act to protect these shared resources upon which we all rely.”
ALASKA
Granite Construction of Girdwood
On March 26, EPA Region 10 filed an expedited settlement agreement resolving violations of the Construction General Permit by Granite Construction Company in Girdwood, AK. The company operated at a construction site producing road materials for the Seward Highway Mile Post 75-90 project, where it failed to install and maintain erosion and sediment control measures and thus allowed sediment and other pollutants to reach Turnagain Arm in Cook Inlet. The company paid a penalty a penalty of $2,700.
Kirk Wilson of Glennallen
On April 22, EPA Region 10 filed a consent agreement and final order alleging violations of the Clean Water Act by Kirk Wilson, in Tolsona Lake, near Glennallen, Alaska. EPA alleges that Wilson discharged dredged and/or fill material into waters of the United States, including wetlands connected to Tolsona Lake, without a permit or authorization from the U.S. Army Corps of Engineers. EPA reached a settlement for penalty in the amount of $8,500. In addition, Wilson agreed to submit a final mitigation work plan to include installation of eight new culverts, improvement or replacement of replace three existing culverts, and removal of fill materials.
IDAHO
Oxbow Earthworks of Blackfoot
On March 23, EPA Region 10 filed an expedited settlement agreement resolving violations of the Clean Water Act by Oxbow Earthworks, Inc. for failing to control and monitor discharges from the Bonanza Floodplain Restoration Project (north of Sunbeam, Idaho) to the Yankee Fork River. The company paid a penalty of $1,200 and returned to compliance.
Granite Excavation of Eagle, ID and SUEZ Water Idaho, Inc. of Boise
On June 8, EPA Region 10 filed an expedited settlement agreement resolving violations of the Construction General Permit by Granite Excavation of Eagle, Idaho and SUEZ Water Idaho, Inc. of Boise, Idaho. SUEZ Water Idaho, Inc. (owner) and Granite Excavation (general contractor) are operators of the Warm Springs Mesa Piping Improvements, Phases 1 & 2 construction site. SUEZ Water Idaho, Inc. failed to obtain CGP coverage and both operators failed to update the Stormwater Pollution Prevention Plan and protect storm inlets. The site drains to Warm Springs and Squaw Creeks, and Maynard Gulch, which are part of the Lower Boise River watershed. The companies paid a penalty a penalty of $4,620 and returned to compliance.
Vintage Airframes, LLC, in Caldwell
On September 29, EPA Region 10 filed an expedited settlement agreement resolving Clean Water Act violations by Vintage Airframes, LLC for its operation at the City of Caldwell's Industrial Airport. EPA Region 10 determined Vintage Airframes, LLC failed to obtain coverage under EPA’s Multi Sector General Permit MSGP. Vintage Airframes, LLC has obtained coverage under IDEQ's industrial stormwater permit and began implementing its requirements. The company paid a penalty of $2,500.
Midfield Aviation, LLC, in Caldwell
On November 3, EPA Region 10 filed an expedited settlement agreement resolving Clean Water Act violations by Midfield Aviation, LLC for its operation at the City of Caldwell's Industrial Airport. EPA Region 10 that the company violated the Clean Water Act by failing to obtain coverage under EPA’s Multi-Sector General Permit. Midfield Aviation paid a penalty of $2,500, obtained coverage under IDEQ's industrial stormwater permit, and began implementing its requirements.
Caldwell Industrial Airport of Caldwell
On March 16, EPA Region 10 filed a consent agreement and final order to the City of Caldwell for violations of the Industrial Stormwater General Permit at its Caldwell Industrial Airport. The City of Caldwell agreed to pay a penalty of $15,000 for failure to conduct quarterly inspections, failure to minimize erosion, failure to implement control measures to minimize exposure of fueling operation to precipitation, and an incomplete Stormwater Pollution Prevention Plan. The city agreed to modify its facility to correct the violations and agreed to update its SWPPP.
AD800, LLC & Brownstone Construction Management in Eagle
On September 27, EPA Region 10 filed an expedited settlement agreement resolving Clean Water Act violations by AD800, LLC & Brownstone Construction Management at their Avebury Subdivision construction site in Meridian, Idaho. EPA alleged that the companies failed to obtain coverage under EPA's construction general permit, provide timely site stabilization, and provide reports showing self-inspections. This area is adjacent to Five Mile Creek and drains to the Lower Boise River watershed which is also listed as water quality impaired for sediment as well as other pollutants. The companies paid a penalty of $8,160 and have returned to compliance.
DB Development, LLC of Meridian
On April 21, EPA Region 10 filed a consent agreement and final order resolving violations of the Clean Water Act by DB Development, LLC for its Gran Pardo Subdivision in Meridian, Idaho. The company removed vegetation around tributaries to Mason Creek -- a tributary of the Lower Boise River system -- and terminated permit coverage before it completed final stabilization on a large soil stockpile. The company paid a penalty a penalty of $2,400 and returned to compliance.
Challenger Development, LLC of Meridian
On April 21, EPA Region 10 filed an expedited settlement agreement resolving violations of the Clean Water Act by Challenger Development, LLC, for its Trilogy Subdivision, No. 2, in Meridian, Idaho. The company failed to use and maintain concrete washout areas, remove sediment from street gutters and storm drains, and install sediment controls around a stockpile to prevent sediment from reaching the area's stormwater system and Phyllis Creek, which drains to the Lower Boise River watershed. The company paid a penalty a penalty of $3,500 and returned to compliance.
Toll Brothers, Inc. in Meridian
On November 4, EPA Region 10 filed an expedited settlement agreement resolving Clean Water Act violations by Toll Brothers, Inc. at The Oaks North subdivision construction site in Meridian. EPA alleged that the company violated various requirements of its EPA-issued construction general permit when it allowed stormwater from construction activities to be discharged from the site. Toll Brothers, Inc. paid a penalty of $7,860 and returned to compliance.
Challenger Development, Inc. in Meridian
On December 14, EPA Region 10 filed an expedited settlement agreement resolving Clean Water Act violations by Challenger Development, Inc. at Aegean Estates Subdivision No. 2 construction site in Meridian. EPA alleged that the company violated various requirements of its EPA-issued construction general permit when it allowed stormwater from construction activities to be discharged from the site. The company paid a penalty of $3,420 and returned to compliance.
OREGON
States Industries, LLC, of Eugene
On September 29, EPA Region 10 filed a consent agreement and final order resolving Clean Water Act violations by States Industries, LLC at its veneer plywood manufacturing plant in Eugene. EPA alleged the company failed to implement filtration of zinc from its approximately 200,000 square-foot galvanized roof and cover its industrial dumpsters. Receiving waters include the Upper Willamette River. The company paid a penalty of $10,500 and returned to compliance.
WASHINGTON
Covich-Williams Co. of Seattle
On February 23, EPA Region 10 filed a consent agreement and final order resolving violations of the Clean Water Act by Covich-Williams Co., Inc., a marine fuel depot in Seattle. EPA found that the facility, with an oil storage capacity of over 112,155 gallons, lacked adequate spill prevention measures and had an inadequate spill prevention control and countermeasure plan. The company paid a penalty of $13,000 and has returned to compliance.
City of Wapato
On July 22, EPA Region 10 filed an administrative order on consent to address violations of the Clean Water Act by the City of Wapato's wastewater treatment facility. In its order, EPA cited over 3,000 effluent exceedance violations, failure to keep the facility's Quality Assurance Plan up-to-date, and failure to submit complete and timely Discharge Monitoring Reports. The order also requires the city to seek an engineered solution to a problem that resulted in excess copper and zinc discharges, and to seek funding from the Washington Department of Ecology to help pay for the solution. The city paid a penalty of $25,750.