Once Again, the EPA Gets Tough on Stormwater Violations

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Back in 2009, we reported here that the United States EPA was imposing significant penalties on parties for violating the Clean Water Act’s stormwater permitting requirements for construction projects.  The enforcement of these violations continues with a new penalty settlement announced by EPA against Toll Brothers, Inc. on June 20, 2012.

In the settlement, Toll Brothers agreed to pay a penalty of $741,000 stemming from alleged stormwater violations at 370 sites in 23 states, including New Jersey, New York, Connecticut, Pennsylvania, Maryland, Delaware, Florida and Texas.  In additional to paying the civil penalty, Toll Brothers is required to implement a comprehensive compliance plan to ensure it meets its obligations under the stormwater permitting requirements for construction activities.

It is easy for stormwater compliance issues to get pushed-aside amidst all of the other issues facing developers.  However, this EPA settlement is another reminder that there can be serious consequences for not paying close attention to those stormwater requirements.  As we’ve stated before, developers must ensure that their professional team, including engineers, construction managers and attorneys, are paying close attention to compliance with stormwater permitting requirements to avoid such costly mistakes.