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EPA Files Complaint, Seeks Penalties Against Black Diamond Engineering for CWA Violations

September 19, 2007

The U.S. Environmental Protection Agency (EPA) has filed an administrative complaint against Black Diamond Engineering. The complaint alleges violations of EPA's Construction Storm Water General Permit (CGP) and proposes a penalty of $5,000. The alleged violations occurred at the Cedars at Sandcreek construction site (Site), located at 400 Schweitzer Cutoff Road in Sandpoint, Idaho.

The complaint alleges that Black Diamond had an inadequate storm water pollution prevention plan, failed to conduct site inspections and failed to implement adequate best management practices. The violations were discovered during an EPA Site inspection in October 2006.

According to Jim Werntz, EPA's Idaho State Director, conducting storm water inspections is a very effective way to protect Idaho's waters.

"While many builders and developers are doing a good job, there are some who are ignoring these storm water permit requirements," said Werntz. "Builders and developers that fail to follow these permit conditions will face fines."

The storm water permitting program is a "key tool" to preventing water pollution and an important way that Idaho's lakes, rivers and streams are protected against polluted runoff from construction sites. Stormwater permits are issued as part of the National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) program.