Once Again, the EPA Gets Tough on Stormwater Violations
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.
As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication.