Home Depot settles stormwater violations

Home Depot has agreed to pay a $1.3 million penalty and implement a nationwide compliance program to resolve alleged violations of the Clean Water Act, the Justice Department and Environmental Protection Agency announced. The settlement resolves alleged violations that were discovered at more than 30 construction sites in 28 states where new Home Depot stores were being built. This settlement is the latest in a series of enforcement actions to address stormwater violations around the country...

KANSAS CITY, KS, Feb. 26, 2008 -- Home Depot has agreed to pay a $1.3 million penalty and implement a nationwide compliance program to resolve alleged violations of the Clean Water Act, the Justice Department and Environmental Protection Agency announced.

The settlement resolves alleged violations that were discovered at more than 30 construction sites in 28 states where new Home Depot stores were being built. Three of those sites are located in EPA Region 7:
• Garden City, Kan., Store #2219, 2614 State Route 156 - failed to submit a Notice of Intent to build at least 60 days prior to construction.
• Blue Springs, Mo., Store #3024, NE Coronado Drive & Adams Dairy Parkway - building permit was not issued before construction began, proper inspections were not conducted at least once per week as required, and the Storm Water Pollution Protection Plan (SWPPP) plan did not include adequate information regarding the protection of drainage areas near the construction site.
• Omaha, Neb., Store #3203, 12710 L St. - Home Depot contractor did not file an adequate SWPPP. Violations included no map of the site, inadequate schedule of construction activities and inspections, no plan for the use or protection of existing vegetation, the absence of a work stoppage plan, and inadequate information regarding reporting and recordkeeping.

The Clean Water Act requires that construction sites have controls in place to prevent pollution from being discharged with stormwater into nearby waterways. Each site must have a stormwater pollution prevention plan that sets guidelines and best management practices that the company will follow to prevent runoff from being contaminated by pollutants. EPA also requires that all construction projects larger than one acre obtain a federal permit.

The settlement, joined by the state of Colorado, requires that Home Depot implement a comprehensive, corporate-wide program to prevent stormwater pollution at each new store it builds nationwide. Home Depot must develop improved pollution prevention plans for each site, increase site inspections, and promptly correct any problems at its sites. The company must properly train its construction managers, as well as contractors and their personnel, on the federal stormwater requirements. Home Depot must also implement a management and internal reporting system to improve oversight of on-the-ground operations and appoint a high-level company official to oversee compliance at all company construction sites.

The government complaint alleged a pattern of violations that EPA discovered through state and federal inspections of construction sites and by reviewing documentation submitted by the company. The alleged violations include not obtaining permits until after construction had begun or failing to obtain the required permits at all. At the sites that had permits, EPA found violations of permit requirements that prevent pollution, such as silt and debris, from getting into stormwater runoff. Violations included the failure to maintain adequate plans to prevent stormwater pollution, failure to properly place and install fences around project areas to prevent silt from getting into stormwater runoff, and failure to install controls at storm drains to prevent soil and sediments from reaching nearby waterways.

Improving compliance at construction sites is one of EPA's national enforcement priorities. Construction projects have a high potential for environmental harm because they cover large areas of land and have had a history of noncompliance with environmental regulations. Without on-site controls, runoff from construction sites can flow directly to the nearest waterway and can cause beach closings, swimming and fishing restrictions, and habitat degradation. As stormwater flows over construction sites, it can pick up pollutants, including sediment, used oil, pesticides, solvents and other debris. Polluted runoff can harm or kill fish and wildlife and can affect drinking water quality.

This settlement is the latest in a series of enforcement actions to address stormwater violations from construction sites around the country. A similar consent decree was reached with Wal-Mart in 2005 under which Wal-Mart established a comprehensive stormwater compliance plan and paid a fine of over $3 million.

The consent decree, lodged in the U.S. District Court for the District of Delaware, is subject to a 30-day public comment period and approval by the federal court. Home Depot is required to pay the penalty within 30 days of the court's approval of the settlement.

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