On Thursday, the Environmental Protection Agency (EPA) announced a settlement with Swain Construction Inc. for alleged violations of the Clean Water Act (CWA). In its administrative complaint and consent agreement/final order, the agency contended that the concrete recycling and sales company illegally deposited concrete rubble, construction debris, and other pollutants into the Thomas and Little Papillon creeks in Omaha, Nebraska.
The EPA’s three-count, July 2020 complaint charged Swain Construction with the disposal of unauthorized fill, process wastewater, and stormwater discharges in violation of federal law. In May 2019, the U.S. Corps of Engineers conducted an onsite investigation that led it to issue a notice of violation and a cease-and-desist order. The EPA confirmed the unauthorized discharge activities in two subsequent 2019 investigations.
The agency also determined that inadequate pollution controls resulted in unpermitted stormwater discharges and wastewater runoff into Thomas Creek from the company’s dust-suppression efforts. The discharge impacted approximately 1,300 feet of stream channel of the “impaired” creeks, so designated by Nebraska for their failure to meet water quality standards, the EPA press release stated.
The EPA said that in addition to the $150,000 civil penalty, Swain Construction also agreed to “restore the impacted stream stretches and install facility controls to minimize or eliminate further discharges.” The consent agreement said that the respondent neither admits nor denies liability for the alleged CWA violations.
“Enforcing environmental regulations protects the environment and ensures that companies following the rules aren’t at a disadvantage to those who violate the law,” David Cozad, director of EPA Region 7’s Enforcement and Compliance Assurance Division, said in a statement. “The Agency is committed to keeping pollutants out of America’s waters and holding polluters responsible.”
