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EPA Cites Companies for Clean Water Act Violations in Construction of Millsboro, Del. Housing Development

Release Date: 10/12/2005
Contact Information: Roy Seneca (215) 814-5567

Contact: Roy Seneca (215) 814-5567
PHILADELPHIA – The U.S. Environmental Protection Agency has filed a Clean Water Act complaint against the owners and builders of the “Fairfield at Longneck” housing development in Millsboro, Sussex Co., Del.

In a complaint against property owners Anderson Homes LLC and Fairfield at Longneck LLC, and builder Triad Construction Company LLC, EPA seeks a $152,500 penalty for the unlawful discharge of fill material into tidal waters and wetlands, and for inadequate erosion and sediment control at the construction site.

Under the Clean Water Act, a permit from the U.S. Army Corps of Engineers is required before dredged or fill material can be discharged into waterways or wetlands. The requirement helps protect waterways and wetlands, which serve critical ecological functions -- including flood control, water filtration, and wildlife habitat. The law also requires construction operations to take steps to reduce polluted storm water runoff. Poorly managed storm water runoff from construction sites often contains oil and grease, chemicals, nutrients and oxygen-demanding compounds and other pollutants.

EPA’s complaint alleges that, beginning in January 2003, the cited parties allowed the unpermitted discharge of fill or dredged material below the high tide level of Indian River Bay, and into adjoining wetlands. EPA has ordered these parties to mitigate unpermitted discharges to 3.6 acres of tidal waters and wetlands. The cited parties also allegedly failed to implement required erosion and sediment control measures, including completion of sediment basins, installation and maintenance of adequate silt fences, stabilization of disturbed earth, and storm sewer inlet protections.

The cited parties have the right to a hearing to contest the alleged violations and the proposed penalty. More information about EPA’s wetlands and storm water programs is available at www.epa.gov/owow/wetlands and https://cfpub.epa.gov/npdes/stormwater/const.cfm