(AGENPARL) – gio 18 gennaio 2024 Issued: Jan 18, 2024 (1:42pm EST)
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Swinerton Builders Reaches Agreement to Address Clean Water Act Violations and
Offset Environmental Harm at Solar Farm Construction Sites in Alabama, Idaho
and Illinois
Settlement includes 600k to restore Portneuf River near Pocatello, Idaho
WASHINGTON (January 17, 2024) – The Environmental Protection Agency and
Justice Department today announced that Swinerton Builders has agreed to pay a
$2.3 million penalty – divided between the United States, Alabama Department
of Environmental Management and State of Illinois – to resolve allegations
that it violated the Clean Water Act and related state laws during the
construction of solar farms in Alabama, Idaho and Illinois.
The company has also agreed to undertake mitigation actions to help restore
the Portneuf River in Idaho and to purchase stream credits to improve the
watershed surrounding the Alabama site. The states of Alabama and Illinois
joined the United States in the settlement.
“Illegal stormwater discharges from construction projects can contaminate
municipal drinking water systems and harm aquatic life, which is why EPA, DOJ,
and our state partners worked together to hold Swinerton Builders accountable
for the company’s violations of the Clean Water Act,” said David M.
Uhlmann, Assistant Administrator for EPA’s Office of Enforcement and
Compliance Assurance. “Solar farms are vital to slowing the effects of
climate change, but companies building solar farms must comply with
environmental protection requirements just as companies must do for any other
construction project.”
“This settlement holds Swinerton accountable for its widespread Clean Water
Act violations and ensures that nearby communities in Alabama and Idaho will
benefit from projects to restore the waterways and enhance recreation,”
said Assistant Attorney General Todd Kim of the Justice Department’s
Environment and Natural Resources Division (ENRD). “We’re grateful for the
work and cooperation of our state partners in helping reach this agreement.”
“My office was pleased to work with the United States Department of Justice
to resolve the alleged water pollution violations,” said Illinois Attorney
General Kwame Raoul. “Clean water is a critical resource, and I will
continue the work to protect Illinois water sources.”
“We are pleased with today’s announced settlement, which holds the builder
to task for serious stormwater violations that harmed the watershed and its
ecosystem,” said ADEM Director Lance LeFleur. “The settlement not only
requires Swinerton to pay civil penalties to both the state and federal
government, it also obligates the company to mitigate the environmental damage
it caused by taking steps to protect water quality and preserve habitats
through the purchase of stream credits. Those credits are an investment that
will provide long-term benefits to the watershed.”
Background
Swinerton is a California-based construction company that operates nationwide.
Until 2021, its Swinerton Renewable Energy division was the country’s
leading constructor of utility-scale solar farms.
Solar farm construction involves clearing and grading large sections of land,
which can lead to significant erosion and major runoff of sediment into
waterways if stormwater controls at the site are inadequate. Increased
sediment in waterways can injure, suffocate or kill aquatic life, damage
aquatic ecosystems and cause significant harm to drinking water treatment
systems. To avoid these harms to the environment and public health, parties
responsible for construction of solar farms must obtain construction
stormwater permits under the Clean Water Act and comply with the terms of
those permits. A complaint filed with the settlement alleges that during its
construction of solar farms near American Falls, Idaho, Lafayette, Alabama,
and Perry and White Counties, Illinois, Swinerton failed to use proper
stormwater controls, did not conduct regular site inspections by qualified
personnel and did not accurately report and address stormwater issues. At the
Alabama and Idaho sites, Swinerton’s actions led to unauthorized discharges
of large volumes of sediment-laden stormwater into nearby waterways. The
United States previously settled cases against the owners of the four solar
farm sites.
Settlement Details
To resolve the alleged Clean Water Act violations at these sites, Swinerton
will pay a civil penalty of $1,614,600 to the United States, $540,500 to ADEM
and $144,900 to the State of Illinois. In addition, Swinerton will fund
substantial mitigation projects to redress the excess sediment discharges at
the Idaho and Alabama sites. In Idaho, Swinerton will provide $600,000 in
funding towards a restoration project on the Portneuf River in nearby
Pocatello. The project will capture sediment, reconnect riparian and wetland
habitat, and will provide a host of other environmental and recreational
benefits. In Alabama, Swinerton will purchase 14,020 stream credits in the
surrounding watershed, which will help preserve the watershed to promote
healthier water quality and aquatic habitats.
The Justice Department’s Environmental Enforcement Section lodged the
consent decree with the U.S. District Court for the Northern District of
California. It is subject to a 30-day public comment period and final court
approval. The consent decree can be viewed on the The consent decree can be
viewed on the Justice Department’s website.
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