EPA, developer settle case over stormwater violations in Eyrie Canyon subdivision

Seattle WA (11/28/2018) — The U.S. Environmental Protection Agency has settled its case against Connell Development Company, owned by Colin Connell, a Boise-area developer the agency found had committed numerous violations of a federal Clean Water Act permit for stormwater management at Connell’s Eyrie Canyon project.

“Stormwater management is a critical part of maintaining water quality in the Boise River watershed” said EPA Region 10 Office for Compliance and Enforcement Director Ed Kowalski. “The release of sediment into tributaries can lead to downstream flooding, erosion of streambanks, degradation of fish and wildlife habitat, and damage to infrastructure.

“The Boise is emblematic of highly stressed streams throughout the West that must be protected from easily prevented insults like these kinds of egregious violations of the Clean Water Act,” continued Kowalski.

Connell has agreed to pay a $68,000 penalty for failing to comply with EPA’s Construction General Permit, which requires developers to implement stormwater controls to minimize the amount of sediment and other pollutants associated with construction sites from being discharged in stormwater runoff. Connell has also come into compliance with the permit and agreed to perform additional work beyond the requirements of the permit – such as more frequent inspections — to ensure that he remains in compliance.

Stormwater runoff from the project flows to Sand Creek, either directly or through the Ada County Highway District Municipal Separate Storm Sewer System. Sand Creek flows into the Boise River.

After both the Ada County Highway District and the City of Boise issued numerous Notices of Violation and ‘Stop Work Orders,’ EPA was notified of the on-going problems at the site. EPA representatives inspected the project twice in January 2016, and again in September 2017, and found multiple violations of stormwater management requirements, including:

Failure to adhere to installation requirements of stormwater controls;
Failure to adhere to erosion and sediment maintenance requirements;
Failure to minimize disturbance on steep slopes;
Failure to protect storm drain inlets;
Failure to use proper stabilization techniques at all points that exit onto paved roads;
Failure to minimize the amount of soil exposed during construction;
Failure to complete and then document corrective actions for stormwater controls
Failure to provide effective means of eliminating the discharge of water from the washout and cleanout of concrete;
Failure to comply with dewatering practices;
Failure to restrict vehicle use to properly designated exit points;
Failure to initiate soil stabilization measures immediately whenever earth disturbing activities have permanently or temporarily ceased; and
Failure to comply with maintenance requirements of the sediment basin.
A copy of the Compliance Agreement and Final Order between the EPA and Connell can be found here:

https://yosemite.epa.gov/OA/RHC/EPAAdmin.nsf/Filings/D5DD2E1AE342F32F8525833D0073E747/$File/CWA-10-2019-0004-%20Connell%20Development%20Company,%20CAFO.pdf

Contact Information: Bill Dunbar (dunbar.bill@epa.gov) 206-553-1019

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