Environmental Services News

Regional Home Builder Agrees to Clean Water Act Settlement

    Company will pay $350,000 penalty and upgrade environmental programs

    WASHINGTON, Nov. 6 /PRNewswire-USNewswire/ -- John Wieland Homes and
Neighborhoods Inc., and John Wieland Homes and Neighborhoods of the
Carolinas Inc., based in Atlanta, Ga., have agreed to pay a $350,000 civil
penalty to resolve alleged violations of the Clean Water Act, the Justice
Department and U.S. Environmental Protection Agency (EPA) announced today.

    The companies have also agreed to implement company-wide storm water
compliance programs at their construction sites that go beyond current
regulatory requirements. EPA estimates that the agreement will keep
approximately 37 million pounds of sediment from polluting the nation's
waterways each year.

    "The Clean Water Act requires environmental controls in order to
protect nearby waterways from pollutants that commonly are found on
construction sites," said John C. Cruden, Acting Assistant Attorney General
for the Justice Department's Environment and Natural Resources Division.
"This settlement requires these companies now to take steps beyond the law
to protect public health and the environment."

    "Failure to properly control storm water runoff at construction sites
can have serious consequences for the environment," said Stan Meiburg, EPA
Region 4 Acting Regional Administrator. "This agreement will result in
better management practices that will ultimately lead to greater protection
of rivers, lakes and streams across the Southeast."

    John Wieland Homes and Neighborhood, Inc., and John Wieland Homes and
Neighborhoods of the Carolinas, Inc., primarily build homes in the
Southeast including Georgia, North Carolina, South Carolina and Tennessee.

    Along with the federal government, the state of Tennessee has joined
the settlement. The state will receive a portion of the penalties based on
the number of sites located within the state.

    The government complaint alleges a common pattern of violations that
was discovered by reviewing documentation submitted by the companies and
through federal site inspections. 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 did have permits, violations
included failure to prevent or minimize the discharge of pollutants, such
as silt and debris, in storm water runoff.

    The settlement requires the companies to develop improved pollution
prevention plans for each site, increase site inspections and promptly
correct any problems that are detected. The companies must properly train
construction managers and contractors, and are required to have trained
staff present at each construction site. They also must implement a
management and internal reporting system to improve oversight of
on-the-ground operations and submit annual reports to EPA.

    Improving compliance at construction sites is one of EPA's national
enforcement priorities. Construction projects have a high potential for
environmental harm because they disturb large areas of land and
significantly increase the potential for erosion. Without onsite pollution
controls, sediment-laden runoff from construction sites can flow directly
to the nearest waterway and degrade water quality. In addition, storm water
can pick up other pollutants, including concrete washout, paint, used oil,
pesticides, solvents and other debris. Polluted runoff can harm or kill
fish and wildlife and can affect drinking water quality.

    The Clean Water Act requires that construction sites have controls in
place to prevent pollution from being discharged with storm water into
nearby waterways. These controls include basic pollution prevention
techniques such as silt fences, phased site grading, and sediment basins to
prevent common construction contaminants from entering the nation's
waterways.

    This settlement is the latest in a series of enforcement actions to
address storm water violations from construction sites around the country.
Similar consent decrees have been reached with companies like Home Depot
and multiple home building companies.

    The consent decree, lodged in the U.S. District Court for the Middle
District of Tennessee, is subject to a 30-day public comment period and
approval by the federal court. The companies are required to pay the
penalty within 30 days of the court's approval of the settlement. A copy of
the consent decree is available on the Justice Department Web site at
http://www.usdoj.gov/enrd/Consent_Decrees.html.