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Department of Ecology News Release - February 5, 2009
09-033
BELLEVUE – The Washington Department of Ecology (Ecology) has fined a Port Orchard construction project $28,000 for illegal discharges of runoff water and for violating an order to stabilize the inactive site to prevent water-quality problems.
The discharges from the 11-acre Horstman Heights project, between Horstman Rd. and SE Orlando St., occurred on Nov. 6, Nov. 7 and Dec. 12, 2008. During the November releases, muddy water flowed to an unnamed creek adjacent to the site and into Sinclair Inlet, a half-mile away, where a silty plume of water could be seen past the creek’s mouth.
The project, owned by David Alan Development, LLC of Mill Creek, became inactive in November, 2008. The partially-excavated site had bare earth on sloping land, exposed to rain and erosion. Ecology issued an order late that month, requiring the site to close down and take necessary steps to prevent soil erosion and polluted stormwater runoff.
“We understand why many construction projects are on hold in the present economy,” said Kelly Suswind, manager of Ecology’s Water Quality Program. “Before shutting down, though, the owner or contractor must stabilize the site so it doesn’t become a long-term polluter.”
Preparations for suspending site work must include actions that ensure an inactive site will not pose a pollution threat to nearby surface waters. Such measures can include planting grass or other ground-cover plants on exposed soil, lining drainage channels with rock or well-established grass, construction of settling ponds, and approved connections to local storm drain systems.
Ecology’s order also directed the owner to apply to the department for a construction stormwater permit – required for one-acre or larger building sites – which had been discontinued in August, 2008. Ecology had given the company written and verbal warnings about the permit since August. The permit outlines proper pollution controls for stormwater runoff that drains to surface waters.
Citizen complaints to Ecology, the City of Port Orchard and Kitsap County about muddy water flowing off the project date back to April, 2008. Port Orchard, which has coordinated with Ecology on the case, has given both oral and written warnings to bring the project into compliance since April 2008. The city issued fines totaling $3,700 in July, in part for failure to take steps to prevent soil erosion and polluted stormwater runoff.
Muddy water harms fish by clogging their gills, and spoiling habitat for fish and other species in the affected water bodies.
The site still has exposed soils and is still discharging silty water.
David Alan Development, LLC may appeal the penalty to Ecology or directly to the Washington State Pollution Control Hearings Board within 30 days.
Construction stormwater permitting and enforcement are part of Ecology’s ongoing efforts to meet the state’s goal of protecting and restoring Puget Sound’s water quality by 2020.
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Media Contact: Larry Altose, Ecology media relation, 425-649-7009; pager 206-663-1785
Copyright © Washington State Department of Ecology. See http://www.ecy.wa.gov/copyright.html.
