Posted by: Lawyer Sanders | July 15, 2009

Kentucky environmental attorney Sanders says US EPA pops upscale developers in Kentucky and three other states.

The U.S. Environmental Protection Agency (EPA) issued Consent Agreements and Final Orders (CA/FOs) against six entities throughout the Southeast between Apr. 1 and Jun. 30, 2009, for violations of the Clean Water Act (CWA).  As part of the settlements, the responsible parties in Georgia, Kentucky, North Carolina and South Carolina agreed to come into compliance and pay a combined total of $207,500 in civil penalties.   
Five entities were cited for alleged stormwater-related violations of the CWA. Polluted stormwater runoff is a leading cause of impairment to the nearly 40 percent of surveyed U.S. water bodies which do not meet water quality standards. Over land or via storm sewer systems, polluted runoff is discharged, often untreated, directly into local water bodies. The settlements and associated penalties include:
Capital City Club, for violations at the Brookhaven Golf Course in Atlanta, Ga. (civil penalty of $157,500)
Grand Communities, Limited, for violations at its Granite Spring subdivision in Cold Spring, Ky. (civil penalty of $12,000)

Chase-Reese-Carlisle, LLC, for violations at its Steeplechase subdivision in Richwood, Ky. (civil penalty of $5,500)
Louisburg Plaza, LLC, for violations at its Louisburg subdivision in Louisburg, N.C. (civil penalty of $5,000)
BBS Builders and Development Co., LLC, for violations at its Mitchiner Hills  subdivision in Clayton, N.C. (civil penalty of $15,000)

A settlement was also reached with Greenwood Metropolitan District, which agreed to pay a civil penalty of $12,500, for exceeding the Whole Effluent Toxicity (WET) requirements of its National Pollutant Discharge Elimination System permit at the wastewater treatment plant in Greenwood, S.C.  WET is the total toxic effect of effluent measured directly with a toxicity test.  It is a useful parameter for assessing and protecting against aggregate impacts from the discharge of pollutants.

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