Settlers Bluff Development Pays Civil Penalty

(ARK Newsletter Summer 2005)

by Deborah Sheppard On May 2, 2005, Georgia Department of Natural Resources Environmental Protection Division (EPD) Director Dr. Carol Couch signed a Consent Order requiring Settlers Bluff, Inc. to pay $10,000 in compromise and settlement of allegations that the developers violated the Georgia Water Control Act (GWCA). The Act provides that any person violating any provision of the act shall be liable to the State of Georgia for a civil penalty.

Before construction began on the project, Settlers Bluff submitted the required Notice of Intent (NOI) to comply with EPD provisions of the General Permit. The NOI certified the Erosion, Sedimentation and Pollution Control (ESPC) Plan was prepared and would be implemented in accordance with the requirements of the General Permit and that the receiving waters of the Darien River would be monitored in accordance with the ESPC plan.

According to the Consent Decree, Settlers Bluff maintains it contracted with and delegated to Liberty Construction Company the construction of the project including compliance with all regulations of EPD. Settlers Bluff maintains the Liberty Construction Company employee who was in charge of supervising such compliance was assigned to a different job but the construction company did not appoint a replacement person to monitor compliance with the regulations, nor did they notify Settlers Bluff, Inc. of the change.

After receiving reports of problems at the Settlers Bluff site, EPD conducted an inspection on March 1, 2005. They found major land disturbing activities in the buffer occurring without a variance from the EPD. They also found inadequate installation and maintenance of erosion and sedimentation control measures required to protect waters of the State of Georgia. EPD alleged and documented that Settlers Bluff failed to implement the ESPC Plan on March 1, 2005 by:

• Failing to install Type C silt fencing along the entire border
• Encroaching on the established 25 foot buffer resulting in an un-permitted land disturbance in the buffer
• Pumping sediment laden water directly from the site into the buffer area and directly into waters of the state
• Failing to install a temporary depression for sediment storage according to the ESPC plan

Full consent order on ARK website >>>

EPD alleged that the Best Management Practices (BMPs) for erosion and sediment control required by the general permit were not implemented, installed, and maintained. They documented:

• Silt fence installed but removed or damaged beyond the point of function
• Storm water being pumped directly off the site into the buffer area without the proper precautions being taken to protect waters of the state
• Soil stockpiled on the site with no stabilization, temporary cover, or sediment barriers

EPD also alleged that Settlers Bluff failed to maintain accurate records as required by the General Permit and failed to perform the daily and weekly inspections for at least three months prior to the March 1, 2005 inspection.

Settlers Bluff was sent a Notice of Violation on March 2, 2005. They responded by indicating their desire to cooperate with EPD in a mutual effort to ensure that the waters of the State of Georgia are protected and agreed to comply with the terms and conditions of the consent order without the necessity of litigation.

Settlers Bluff agreed to:

1. Take all reasonable steps to insure that the ESPC Plan for the site including all required storm water discharge monitoring and sampling is properly implemented and sediments are effectively prevented from moving off the site and into waters of the state.
2. Designate a qualified person to record daily site inspections and daily rainfall data as required by the General Permit.
3. Designate a design professional in accordance with the general permit.
4. Require a design professional to conduct monthly site assessment inspections to assess the effectiveness of BMPs and activities to control sediments from leaving the site. This assessment will include a written inspection report to address any recommendations for improvements, changes, or additions needed to keep the site in compliance with the ESPC plan, the General Permit, and recommended BMPs. The inspection report shall be submitted to Settlers Bluff and EPD after each monthly inspection. Monthly inspections shall continue until the design professional certifies the site to be stabilized or EPD acknowledges in writing that the inspections may be discontinued.
5. Submit as built ESPC Plan for the site to include any amended delineation of State waters or stream buffers, an amended plan for construction of the storm water management features on the site, any additional erosion and sedimentation control features necessary to prevent the movement of sediments from the site to state waters and addressing the remediation of any stream buffer encroachment indicated by on-site field survey work.
6. Ensure that storm water discharge sampling is completed during the next one-half inch rainfall event after the order with the results to be submitted to EPD.
7. Pay $10,000 in compromise and settlement of the allegations referenced above.

The Consent order does not relieve Settlers Bluff of any obligations or requirements of permits and laws nor does it waive the EPD's right to take action for violations not referenced here. It does not require Settlers Bluff to admit the alleged violations nor does it constitute any finding, determination or adjudication of a violation of state laws, rules, standards or requirements, nor does it constitute a finding or adjudication of liability to third party. It shall be deemed satisfied and terminated upon full, complete and timely performance of each and every condition set forth in the order.

At press time, EPD reports indicate that Settlers Bluff is now in compliance with the terms of the Consent Order. The EPD files reveal that a fine of $10,000 was paid by Liberty Construction Company.

Here is the full consent order posted on ARK's website.