Home Depot Fined for Construction Site Runoff in 28 States
WASHINGTON, DC, February 26, 2008 (ENS) – 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 at 34 construction sites in 28 states where new Home Depot stores were built.
The U.S. Justice Department and U.S. Environmental Protection Agency, joined by the state of Colorado, have accepted the settlement agreement, but it must still be approved by a federal court.
The settlement requires that Home Depot, the world’s largest home improvement retailer, 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 train its construction managers, as well as contractors and their personnel on federal stormwater requirements.
Equipment assembled at the construction
site of a Home Depot store in
Porterville, California, one of
the 34 sites cited by the EPA.
(Photo by Tilton Pacific
Construction)
Home Depot also must 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.
“Stormwater that runs off of large construction sites can carry sediment, debris, and other pollutants into surrounding waterways,” said Ronald Tenpas, assistant attorney general for the Justice Department’s Environment and Natural Resources Division. “This settlement is an important step in protecting the environment around Home Depot’s future construction locations.”
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.
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.
“EPA requires construction sites to take simple, basic steps to prevent stormwater pollution,” said Granta Nakayama, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “We expect a large corporation like Home Depot to comply with the law and protect the waters in the communities it serves.”
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 onsite 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.
Sediment-laden runoff can increase difficulty in filtering drinking water, resulting in higher treatment costs, and can result in the loss of drinking water reservoir storage capacity. It can decrease the navigational capacity of waterways.
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.
Today’s 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 the company established a comprehensive stormwater compliance plan and paid a fine of more than $3 million.
To view a list of the 34 Home Depot construction sites named in the settlement agreement, click here [www.epa.gov].
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