9/29/20 - REFERRED TO DOJ - The referral addresses construction stormwater violations under the Clean Water Act conducted by Swinerton Builders Corporation (Swinerton). The property in Chambers County, Alabama, is a solar panel energy site approximately 1,150 acres in size with construction site disturbance of approximately 800 acres. At the time of construction, Swinerton was the permittee and operator that managed the site. The stormwater violations include failure to comply with numerous NPDES permit requirements pertaining to an adequate Construction Best Management Practices Plan (CBMPP), inadequate best management practices (BMPs), and inspection and reporting deficiencies. Additionally, Swinerton discharged sediment in stormwater into tributaries of Kellem Hill Creek. Sediment from these discharges reached the Chattahoochee River.
Swinerton constructs commercial and industrial projects and is primarily known for building energy sites nationwide. They operate nationwide and in multiple states in Region 4. The referral requests injunctive relief company wide at existing and future sites and a penalty.
JULY 12, 2024 ORDER GRANTING MOTION TO ENTER INTO CONSENT DECREE
This Consent Decree addresses Defendant Swinerton's alleged violations of the Clean Water Act (CWA) and related state laws during the construction of solar energy facilities in Alabama, Illinois, and Idaho. Swinerton is a national construction company that built four solar energy facilities: the Americ