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Dirt Pollutes

Feds fine homebuilders for water pollution

By DINA CAPPIELLO –
WASHINGTON (AP) — Four of the nation's largest homebuilders have agreed to pay $4.3 million in fines for failing to control runoff at construction sites in 34 states and the District of Columbia, the Environmental Protection Agency and Justice Department announced Wednesday.

The four companies — Centex Corp. of Dallas, KB Home of Los Angeles, Pulte Homes Inc. of Bloomfield Hills, Mich., and M.D.C. Holdings Inc. of Denver — also agreed to take steps above what is required by law to keep 1.2 billion pounds of sediment out of the nation's waterways.

"Dirt can pollute. The bottom line is this: Whatever ends up on the ground at a construction site can be swept into the nearest waterway," said EPA Assistant Administrator Granta Nakayama.

Rain can carry contaminants such as dirt, stucco, paint and other materials from construction sites into storm drains and nearby waterways, where the silt can clog fish gills, smother fish eggs and block sunlight from plants, Nakayama said. The settlements are part of a nationwide crackdown by the EPA to find storm water violations at construction sites.

The Clean Water Act requires builders that disturb land to obtain permits and minimize runoff from rain. The companies named in the settlements allegedly failed to obtain permits before clearing land for subdivisions and to prevent silt and debris-laden runoff from leaving 2,202 construction sites from 2001 to 2005. The states with the most sites covered by the settlements are California, Florida, Texas, Arizona and Nevada. Centex Corp. agreed to pay the largest fine, at $1.485 million. KB Home was penalized $1.185 million. Pulte Homes Inc., along with a $877,000 fine, will complete a $608,000 project to reduce the amount of sediment entering a northern California stream. Federal prosecutors levied a $795,000 fine on M.D.C. Holdings Inc., the parent company of Richmond American Homes.

Seven states that joined in the settlements — Colorado, Maryland, Virginia, Missouri, Nevada, Tennessee and Utah — will receive a portion of the penalties. The agreements filed Wednesday must be approved by a federal court and undergo a 30-day public comment period before becoming final.

The four companies, in a joint statement, said that they were pleased with the agreements. Together, they build 100,000 homes every year, federal officials said. "As leaders in the homebuilding industry, we share the government's goal of protecting and preserving clean waterways," the statement said.

The National Association of Home Builders said the settlements with some of its larger members were a positive step that will be used as a model for other homebuilders. "Clear rules — and understanding how to follow them — enable builders to help protect the environment while keeping housing affordable," said NAHB spokeswoman Donna Reichle. In February, the agency fined Home Depot Inc. $1.3 million to resolve alleged violations at 30 construction sites for its big box stores in 28 states. But the largest settlement to date was with Wal-Mart Stores Inc., which in May 2004 agreed to pay $3.1 million for violations at construction sites across the country.

EROSION CONTROL WORKSHOP

A very successful workshop was held on Oct. 21, 2008 for those within the watershed who are interested in development practices that will have minimal impact on the lake environment. The agenda is shown below:
8:00 am to 8:15 am Registration/distribution of materials

8:15 am to 8:30 am Welcome Donna Swall

8:30 am to 9:15 am Water Quality, Why the Concern Watershed Committee
9:15 am to 10:00 am Water Quality of the Lake Tony Thorpe Lakes of Missouri Volunteer Program
10:00 am to 10:45 am am Sediment and Control, Rules and Regulations Kevin Hess
10:45am to 12:00 am Sediment and Erosion Control Effective BMPs Greene County
12:00 am to 12:15 am Closing Remarks


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EPA Publishes Draft TMDLs

EPA Publishes Draft TMDLs to Stormwater Permits Handbook EPA's Office of Wetlands, Oceans and Watersheds (OWOW) and Office of Wastewater Management (OWM) have jointly issued a Draft "TMDLs to Stormwater Handbook," available for public comment starting Nov. 20, 2008 at: http://www.epa.gov/owow/tmdl/stormwater/#tmdlresources

"Stormwater runoff is a major threat to water quality in urban and coastal watersheds across the country," said Assistant Administrator for Water Benjamin H. Grumbles. "This Draft Handbook is an important new tool to connect key regulatory and monitoring programs under the Clean Water Act and reduce impairments. We look forward to strengthening this draft with input from interested stakeholders who share our goal of protecting and restoring the nation's waters."

Currently there are thousands of Clean Water Act section 303(d) waters listed as impaired for stormwater-source pollutants such as pathogens, nutrients, sediments and metals. This Draft Handbook provides a technical reference for TMDL practitioners and permit writers on current methods being used to develop more detailed stormwater-source TMDL allocations, TMDL implementation plans including best management practices, and methods for translating TMDL allocations into NPDES stormwater permit requirements. The Handbook also provides background information on the components of these programs, but assumes that the reader has a working knowledge of both TMDLs and NPDES stormwater permits.

Contact Christine Ruf in OWOW's Watershed Branch, (202)-566-1220 or send her an email at Ruf.Christine@epa.gov for more information about the Draft Handbook.



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EPA Issues Rule to Reduce Water Pollution from Construction Sites

Dec. 1, 2009: The U.S. Environmental Protection Agency today issued a final rule to help reduce water pollution from construction sites. The agency believes this rule, which takes effect in February 2010 and will be phased in over four years, will significantly improve the quality of water nationwide.

Construction activities like clearing, excavating and grading significantly disturb soil and sediment. If that soil is not managed properly it can easily be washed off of the construction site during storms and pollute nearby water bodies.

The final rule requires construction site owners and operators that disturb one or more acres to use best management practices to ensure that soil disturbed during construction activity does not pollute nearby water bodies. In addition, owners and operators of sites that impact 10 or more acres of land at one time will be required to monitor discharges and ensure they comply with specific limits on discharges to minimize the impact on nearby water bodies. This is the first time that EPA has imposed national monitoring requirements and enforceable numeric limitations on construction site stormwater discharges.

Soil and sediment runoff is one of the leading causes of water quality problems nationwide. Soil runoff from construction has also reduced the depth of small streams, lakes and reservoirs, leading to the need for dredging.

  More information: http://www.epa.gov/waterscience/guide/construction



 

Previous Information:
Proposed Guidelines to Control Pollution from Construction Sites

EPA is seeking comments on its proposed guidelines to control the discharge of pollutants from construction sites. The proposal would require all construction sites to implement erosion and sediment control best management practices to reduce pollutants in stormwater discharges. This proposed rule is projected to reduce the amount of sediment discharged from construction sites by up 27 billion pounds each year.

"This proposal builds a foundation for cleaner streams and greener neighborhoods through improved treatment technologies and prevention practices," said Benjamin H. Grumbles, EPA's assistant administrator for water.

In addition, for certain large sites located in areas of the country with high rainfall intensity and soils with high clay content, stormwater discharges from the construction site would be required to meet a numeric limit on the allowable level of turbidity, which is a measure of sediment in the water. In order to meet the proposed numeric turbidity limit, many sites would need to treat and filter their stormwater discharges.

Construction activities such as clearing, excavating and grading significantly disturb the land. The disturbed soil, if not managed properly, can easily be washed off the construction site during storms and enter streams, lakes, and other waters. Stormwater discharges from construction activities can cause an array of physical, chemical and biological impacts.

Sediment is one of the leading causes of water quality impairment nationwide, including reducing water depth in small streams, lakes and reservoirs.

Information on the proposal: http://www.epa.gov/ost/guide/construction/

Watershed Academy Webcast: Using Rain Gardens to Reduce Runoff Slow it down, Spread it out, Soak it in! EPA's Watershed Academy will hold a Webcast to discuss the benefits of rain gardens on Wednesday, Dec. 3. Many communities across the country are struggling to address impacts from stormwater runoff due to increased development. Green or low impact development practices such as rain gardens can help manage runoff effectively as well as provide aesthetic benefits. Rain gardens can increase property values, add beauty and habitat, reduce a community's carbon footprint, as well as provide important water quality benefits.

Speakers include the following: Jenny Biddle with EPA's Office of Wetlands, Oceans, and Watersheds Pamela Rowe, RainScapes Program coordinator with the Montgomery County, Maryland Department of Environmental Protection Lynn Hinkle, founder of ASTRA Communications, Inc. and Goin' Green. Join us for this exciting Web cast to learn more about these natural solutions to water pollution. To register, visit: www.epa.gov/watershedwebcasts For more information about Low Impact Development techniques, visit http://www.epa.gov/nps/lid/

WaterSense Releases Draft Landscape Water Budget Tool To assist home builders, landscape professionals, and irrigation partners in meeting the outdoor criteria of a future WaterSense specification for new homes, EPA has developed a tool to help guide them through the water budget calculations of the draft specification for water-efficient, single-family new homes. The landscape water budget tool will help determine: