Wieland accepts $350K fine for water quality violations

Mon, 11/09/2009 - 12:45pm
By: John Munford

John Wieland Homes and Neighborhoods Inc., and John Wieland Homes and Neighborhoods of the Carolinas Inc., based in Atlanta and with a significant presence in Fayette County, have agreed to pay a $350,000 civil penalty to resolve alleged violations of the Clean Water Act, federal officials announced today.

The companies have also agreed to implement company-wide storm water compliance programs at their construction sites that go beyond current regulatory requirements. The Environmental Protection Agency estimates that the agreement will keep approximately 37 million pounds of sediment from polluting the nation’s waterways each year.

The government complaint alleged a common pattern of violations that was discovered by reviewing documentation submitted by the companies and through federal site inspections. The alleged violations include not obtaining permits until after construction had begun or failing to obtain the required permits at all. At the sites that did have permits, violations included failure to prevent or minimize the discharge of pollutants, such as silt and debris, in storm water runoff.

The settlement requires the companies to develop improved pollution prevention plans for each site, increase site inspections and promptly correct any problems that are detected. The companies must properly train construction managers and contractors, and are required to have trained staff present at each construction site. They also must implement a management and internal reporting system to improve oversight of on-the-ground operations and submit annual reports to EPA.

“The Clean Water Act requires environmental controls in order to protect nearby waterways from pollutants that commonly are found on construction sites,” said John C. Cruden, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “This settlement requires these companies to now take steps beyond the law to protect public health and the environment.”

“Failure to properly control storm water runoff at construction sites can have serious consequences for the environment,” said Stan Meiburg, EPA Region 4 Acting Regional Administrator. “This agreement will result in better management practices that will ultimately lead to greater protection of rivers, lakes and streams across the Southeast.”

Along with the federal government, the state of Tennessee has joined the settlement. The state will receive a portion of the penalties based on the number of sites located within the state.

Improving compliance at construction sites is one of EPA’s national enforcement priorities. Construction projects have a high potential for environmental harm because they disturb large areas of land and significantly increase the potential for erosion. Without onsite pollution controls, sediment-laden runoff from construction sites can flow directly to the nearest waterway and degrade water quality. In addition, storm water can pick up other pollutants, including concrete washout, paint, used oil, pesticides, solvents and other debris. Polluted runoff can harm or kill fish and wildlife and can affect drinking water quality.

The Clean Water Act requires that construction sites have controls in place to prevent pollution from being discharged with storm water into nearby waterways. These controls include basic pollution prevention techniques such as silt fences, phased site grading, and sediment basins to prevent common construction contaminants from entering the nation’s waterways.

login to post comments

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.
Submitted by ginga1414 on Tue, 11/10/2009 - 1:28pm.

It is always more virtuous and easier to do the right thing. Sometimes folks find that by skirting regulations they do nothing but cut off their own noses. That is exactly what will happen if our commissioners bull their way through with the West Fayetteville Bypass. Why can't they see that? I think they are blinded by the sparkle and shine of developer's gold.

Submitted by Spyglass on Tue, 11/10/2009 - 8:34am.

that a few of the same folks that would comment on this are more than willing to pile their yard limbs, etc....right on top of/beside the cart paths in PTC. You folks are HIGHlarious.

IF you have ever dealt with the EPA on anything, you would know what a nightmare it is. Worse than the GADOT...and we see how good they've done on projects lately.

That said, not getting permits is just flat out sloppy. It shouldn't happen.

The Wedge's picture
Submitted by The Wedge on Tue, 11/10/2009 - 11:23am.

Dealing with the EPA and the various state agencies-commissions on environmental quality, departments of environmental protection,etc, is my job for my company and its many facilities. I have been doing this for several years. Stormwater pollution has been hit hard for many years. The Clean Water Act started in 1972 and has been modified in 1977, 1987, and 2006. These are not new standards. The EPA has been telling construction companies specifically for five years that sediment runoff was serious and the enforcement arm will be coming after construction companies that fail to comply with the act (hurricane fencing etc).

This is not new at all. I find it mind-numbing that they were blowing this off unintentionally. My guess is that they knowingly cut corners and were caught. They cannot say they were not warned. These construction permits are very straightforward and not hard to deal with the agencies at all.


Submitted by Spyglass on Tue, 11/10/2009 - 1:39pm.

on old Gas Station contamination issues, etc....I didn't find them easy to work with at all.

That said, we agree, it was foolish of them to not get permits.

The Wedge's picture
Submitted by The Wedge on Tue, 11/10/2009 - 1:47pm.

"these construction permits" are easy. and they are. You are referencing LUST- leaking underground storage tanks. Those are very ugly indeed and the state agencies are a bear to deal with for them. Many things to be considered, including plume characterization, monitoring wells, mitigation work. They are not easy to work with for these-and since they contaminate the ground water- I am okay with jumping through their hoops. I have had to close in place a UST, in California, with no evidence of leaking and it took $30,000 and 6 months. Not easy at all. Stormwater is a piece of cake by comparison.

The Weiland Company just got caught being lazy-not evil-just lazy. It was an expensive catch for them though


Submitted by Spyglass on Tue, 11/10/2009 - 3:14pm.

and with all the rain today, we may need some storage tanks, to float on. Smiling

The Wedge's picture
Submitted by The Wedge on Tue, 11/10/2009 - 5:03pm.

I have been in California since yesterday morning. Smiling It should be done by the time I get back. I am glad that Fayette county doesn't seem to have flooding problems compared to others around us


S. Lindsey's picture
Submitted by S. Lindsey on Tue, 11/10/2009 - 5:14pm.

my clients stay dry this time around Fulton Industrial.. It's a pain to remove all the contaminated Chemicals.. many of which are water reactive.. Potassium and Sodium does not do well when wet.. Tends to go boom and all..

"A Government big enough to give you everything you want, is strong enough to take everything you have." Thomas Jefferson


Submitted by normal on Mon, 11/09/2009 - 6:50pm.

And a pocket full of crooks. When will this crap end. Anything for a buck.

Submitted by ginga1414 on Mon, 11/09/2009 - 6:35pm.

Precisely!

This is precisely what Dennis Chase has been telling our Commissioners regarding the West Fayetteville Bypass. Maybe, just maybe, our Commissioners will have to listen to Mr. Chase, now.

Just in case our Commissioners aren’t aware of the fact that the John Wieland Company owns land along the West Fayetteville Bypass, I can tell them that the John Wieland Company (doing business as Highway 92 L.L.C owned under the name of Richard Bacon) owns 229 acres along the West Fayetteville Bypass. The West Fayetteville Bypass Coalition went to the State to find out who Richard Bacon was and we discovered that he was an employee of the John Wieland Company, namely a vice-president. John Wieland was also listed on the roster with Richard Bacon and Bacon’s wife as being owners of Highway 92 L.L.C. However, the WFBC discovered that Mr. Bacon has recently passed away. That still leaves John Wieland.

“The alleged violations include not obtaining permits until after construction had begun or failing to obtain the required permits at all.” Imagine that!

As the EPA states, “Construction projects have high potential for environmental harm because they disturb large areas of land and significantly increase potential for erosion. Without onsite pollution controls, sediment-laden runoff from construction sites can flow directly to the nearest waterway and degrade water quality. In addition, storm water can pick up other pollutants, including concrete washout, paint, used oil, pesticides, solvents and other debris. Polluted runoff can harm or kill fish and wildlife and can affect drinking water quality.” I guess the WFBC might not look quite so stupid after all.

John Wieland’s property is only 229 acres of over 1100 acres owned by developers along the West Fayetteville Bypass Route. Just imagine the potential for environmental destruction when there are over 1100 acres to be developed and over six miles of roadway to be constructed just in Phase II of the Bypass! There are eight (8) different streams and wetlands to be crossed just by Phase II of the Bypass. Some of those streams provide drinking water to portions of the County.

So, you see it is very possible for construction of a project to begin without first obtaining the required Federal permits. That is exactly what our County Officials are banking on because they have proceeded to buy homes and property WITHOUT the Federal permits to build the West Fayetteville Bypass. I know this to be true because one of those homeowners whose house is slated to be bulldozed told the WFBC that he had indeed sold his home and property to the County for construction of the Bypass. That home sits almost at the end of Phase II of the Bypass. That way, the County can tell the Corps of Engineers that they have already purchased property at the end hoping they will just go ahead and give the permit regardless.

Remember when Commissioner Robert Horgan sat in the back of a patrol car after being arrested for driving with expired tags and smoking and possessing marijuana? The officer said that Mr. Horgan asked, “If there was anything that we could do to resolve this right here, right now!” Then when Mr. Horgan was told that the State would require a separate election for the newest SPLOST and it would cost the County extra for that separate election, Mr. Horgan said, “It looks like there ought to be some way to get around that.” It seems that our Commissioners are well versed in “getting around” the requirements they don’t especially like. So, what is to prevent them from “getting around” Federal regulations when it comes to the construction of the West Fayetteville Bypass. County Officials were already successful in “getting around” the fact that most folks in Fayette County don’t want to foot the bill for the West Fayetteville Bypass. All they had to do was just put “Road, street, and bridge purposes” on the 2003 SPLOST Ballot. That is what Fayette County citizens are faced with when it comes to our leaders. If it doesn’t suit their plans, they will just try to “resolve” the situation “right here, right now!” Or, they will “get around it!”

Voice of Fayette Future's picture
Submitted by Voice of Fayett... on Mon, 11/09/2009 - 8:22pm.

The County has been nailed for the same Wetlands violations before. Think they'll give a damn about the West Fayetteville ByPass? Heck, no. The Commission will ram it through. Sorry-- I sympathize but it's BOHICA time.


Cyclist's picture
Submitted by Cyclist on Mon, 11/09/2009 - 5:47pm.

the proposed fine was "mitigated" and was probably a higher number. Also, JWH has to pay an additional $35,000 to the state of Tennessee for the same violations.
-------------------------------------------
Caution - The Surgeon General has determined that constant blogging is an addiction that can cause a sedentary life style.


Submitted by PTCGOIL on Mon, 11/09/2009 - 5:12pm.

Wieland "agrees" to fine.....

Last time I checked, when you break the law, you aren't in a position to agree or accept your fine or sentence or punishment. Seems a little slanted in the favor of THE DEVELOPER, doesn't it? How about the EPA has IMPOSED a fine on Wieland, or Wieland ADMITS GUILT in breaking the law and will pay fine set by EPA and State Of Tenn.?

And considering the damage was done during the building boom of the last 10 plus years and Wieland is hardly in business anymore, guess this is the cart WAY after the horse. Nice to see the feds. keep their slow as molasses record going...we'll probably all be dead by the time they collect this penalty and Wieland will be out of business by then.

grassroots's picture
Submitted by grassroots on Mon, 11/09/2009 - 4:53pm.

"violations include not obtaining permits until after construction had begun or failing to obtain the required permits at all."
This is exactly what the county has "not" done for the West Fayetteville Bypass. We've been warning them for a long time to help save taxpayers money, but they won't listen.
Give your comments:
http://www.splostpoll.blogspot.com/


Submitted by Okie on Mon, 11/09/2009 - 3:59pm.

Did anybody else see all the red mud gushing down into the little swamp and creek on Sandy Creek Road last time it rained real hard? Oh, that was just coming from the construction site of the new bypass...never mind.....

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.