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Big Builders Agree to Pay Storm Water Violation Fines
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Properly installed BMPs remove mud and dirt from the tires of construction vehicles before the vehicles enter a paved road. The construction entrance on the left does not meet EPA specifications. The one on the right does. | In a move that it hopes will gain the attention of home builders and developers, the U.S. Environmental Protection Agency announced on June 11 a $4.3 million settlement with Centex Homes, KB Home, Pulte Homes and Richmond American Homes for alleged violations of storm water management regulations.
Fines are being paid to the EPA as well as the seven states that joined in a lawsuit contending the builders, among other things, failed to submit appropriate paperwork and take adequate measures to prevent storm water runoff from job sites.
While not being able to cite any specific damage caused by the home builders involved in the lawsuit, EPA officials noted that the dirt moved and redistributed at construction sites can lead to erosion problems and damage neighboring waterways and wildlife.
Home builders must “reduce their environmental footprint” to get off regulatory agency radar screens, said EPA administrator Granta Nakayama. Increased compliance with storm water regulations will eventually convince officials to move enforcement to the back burner, he added.
“We are pleased that some of our larger members have reached this important resolution with the Environmental Protection Agency. An agreement is always a positive step,” NAHB said in a statement after the fines were announced.
“Now, we look forward to learning more about the specifics of the settlement agreements and using that knowledge as we continue our regulatory assistance and enforcement discussions with the EPA. Our goal is to provide more resources and educate our membership on Clean Water Act regulations and compliance. Clear rules — and understanding how to follow them — enable builders to help protect the environment while keeping housing affordable,” the statement said.
The fines are a result of inspections that took place mostly in 2005, officials said. In addition to the fines, the home builders cited must institute measures that Assistant Attorney General Ronald Tenpas said “go beyond regulatory requirements” at their construction sites.
The companies must train site superintendents and subcontractors and ensure that they are present at each site, institute a management and internal reporting system and submit annual reports on compliance progress to the agency.
NAHB has long asked federal regulators to provide more specific information on compliance violations to better educate its members — even going so far as to submit a Freedom of Information Act request for documents indicating how builders and developers are most likely to be cited. That information could help improve the association’s education efforts, said Susan Asmus, NAHB’s staff vice president for environmental and labor safety policy.
Published in 2004, NAHB’s “Storm Water Permitting: A Guide for Builders and Developers” details storm water regulations throughout the U.S. and provides a set of storm water regulatory compliance cards that members can download from the association’s Web site.
To address the concerns of smaller builders, NAHB drafted a single lot construction permit last fall to cover storm water discharges from residential construction activities on small lots within a larger subdivision. The proposal would make it easier for builders to comply, for example, by allowing them to indicate the location of a lot by its street address instead of its latitude and longitude, as is now required.
The proposed permit for building on a single lot would protect the environment, specify more relevant permit requirements for small residential builders and increase the rate of compliance, especially for small businesses, NAHB said. However, it was not included in the latest Construction General Permit proposal issued last month.
“We will continue to work with the EPA on this issue. We need storm water regulations that do the job of helping to keep sediment from leaving the site, but are not so onerous that make compliance too difficult or that make housing so expensive that first-time owners are priced out of the market,” Asmus said.
For more information, e-mail Calli Schmidt at NAHB, or call her at 800-368-5242 x8132.
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