Columbus, OH – August 30, 2008 – (RealEstateRama) — Ohio EPA and Gallia County developer Herbert Smith have agreed to a $15,000 penalty to settle environmental violations at Smith’s property on State Route 325 in Rio Grande.
Smith began construction on the first phase of a residential subdivision in October 2005 without a proper permit. He constructed six houses before Ohio EPA learned of Smith’s activities in September 2006. The Agency informed Smith that a storm water discharge permit for construction activities was required, as well as an authorization to fill 1,881 feet of stream on the property. Storm water from Smith’s construction activities discharged to an unnamed tributary of Raccoon Creek. The sediment is considered a pollutant to Ohio’s waters. Unpermitted discharges of sediment are a violation of state law.
Smith applied for the proper permit to cover construction activities on 34 acres. Ohio EPA granted the permit in October 2006. The Agency visited the site in January 2007 and cited Smith for 10 violations, including: 1) failure to develop a storm water pollution prevention plan, 2) failure to properly stabilize areas disturbed by construction, 3) failure to properly convey runoff to a sediment pond, 4) failure to prevent erosion through proper stabilization, 5) failure to incorporate proper runoff control practices, 6) failure to properly maintain and repair sediment control practices, 7) failure to minimize off-site vehicle tracking of sediments and 8) failure to properly install silt fences.
When the Agency returned to the site in May 2007, inspectors noted the same violations. Ohio EPA also noted that no permits had been sought for the stream-filling activities. This activity required a Section 401 water quality certification from Ohio EPA and a Section 404 permit from the U.S. Army Corps of Engineers.
Smith initially applied for the water quality certification from Ohio EPA in July 2007 with his latest revised application submitted in November 2007. Ohio EPA found the revised application to be incomplete and requested that Smith submit a complete application by March 2008. Smith failed to do so, but he did submit an after-the-fact application to resolve violations resulting from filling in streams on the development site.
Ohio EPA is ordering Smith to achieve and maintain compliance with the construction storm water general permit. For future construction projects, Smith must develop and implement a storm water pollution prevention plan and obtain proper permits prior to any land disturbance.
Most of his penalty ($12,000) will be split equally between Ohio EPA’s Environmental Education Fund and the administration of surface water programs. The remaining portion ($3,000) will be paid to the Agency’s Clean Diesel School Bus Fund. This fund helps retrofit school buses with pollution control equipment to reduce particulate emissions from the buses’ diesel engines.
For more information:
Settlement with Herbert Smith:
www.epa.state.oh.us/dsw/enforcement/HerbSmith.pdf
Ohio EPA’s Clean Diesel School Bus Program:
www.epa.state.oh.us/oeef/html/schoolbus.html
