LENEXA, KS, June 6, 2016 -- TheEPA has reached a proposed settlement of Clean Water Act violations by the Majestic C Team LLC, owner and operator of the Majestic Pointe residential construction site in Omaha, Neb. As part of the settlement, the company has agreed to pay a cash penalty of $10,750 and perform a Supplemental Environmental Project (SEP) at a projected cost of $42,500.
An EPA inspection, conducted in November 2015, determined that Majestic C Team LLC violated the terms of its National Pollutant Discharge Elimination System (NPDES) stormwater permit issued by the State of Nebraska. The NPDES permitting program in Nebraska requires controls be in place to reduce stormwater runoff and prevent stormwater from coming into contact with pollutants. Inspections indicated significant amounts of sediment leaving the site and discharging into an unnamed tributary of Big Papillion Creek, which is currently on Nebraska’s list of impaired waters for bacteria.
Majestic C Team LLC NPDES permit violations observed during the EPA inspection included: failure to properly operate and maintain best management practices at the site and failure to ensure that discharges from the site do not contribute to an excursion of water quality standards. An administrative compliance order was issued to the company to correct these violations and come into compliance with its permit.
In addition to the $10,750 cash penalty, Majestic C Team LLC has agreed to perform a Supplemental Environmental Project. The project includes the construction of a water quality swale adjacent to the existing water detention basin. The swale is designed to reduce the velocity of, and pollutants in, the stormwater leaving the site and discharging into a stormwater retention basin.
The Clean Water Act seeks to protect streams and wetlands that form the foundation of the nation’s water resources. Runoff from rainfall or snowmelt that comes from construction sites can pick up pollutants, including sediment, and transport them directly to a nearby river or lake, or indirectly via a storm sewer and degrade water quality. Protecting streams and wetlands is also part of adapting to climate change impacts like drought, stronger storms, and warmer temperatures.
The settlement is subject to a 40-day public comment period before it becomes final.