The complaint alleged the company violated numerous stormwater requirements at ten of the company's sites in New Jersey by failing to conduct and document weekly inspections; failing to install perimeter silt fencing along the perimeter of construction sites; failing to maintain a spill kit on-site; and allowing fuel to spill on the ground uphill from an unprotected catch basin, among other allegations. The violations at issue in this case were found at multiple construction sites owned and/or operated by the Defendant through their affiliates. These repetitive violations continued to persist despite two administrative penalty actions taken by the EPA against affiliates of the Defendant.
The Consent Decree requires the payment of a civil penalty, implementation of a corporate-wide construction stormwater compliance program which includes the designation of a Company Stormwater Manager, Site Stormwater Managers, quarterly oversight inspections, mandatory training, Best Management Practices as well as the completion of a SEP. The SEP includes the donation of over 100 acres of wetlands and forests in Morris County, NJ to a conservation entity.