Public Notice: Proposed penalty of $39,500.01 against Skyland Holdings, LLC, Lidl US Operation, LLC, and Teel Construction, Inc.

Summary

The United States Environmental Protection Agency (EPA), Region 3 is hereby giving notice that it proposes to enter into a Consent Agreement and Final Order (“CAFO”), which commences and concludes an administrative action against Skyland Holdings, LLC (“Skyland”), Lidl US Operation, LLC (“Lidl”), and Teel Construction, Inc. (“Teel”) for unpermitted discharges of stormwater in connection with a phase of construction at the 18-acre Skyland Holdings, LLC construction site located at 2626 Naylors Road SE, Washington, DC 20020 (“Site”).  Development at the Site includes mixed-use development with 137,000 square-feet of retail space and more than 400 residential units in Southeast D.C., including the construction of a Lidl grocery store.  Construction began in 2014 and progressed in several phases.  Between March 24, 2022 to August 18, 2022, none of the operators of the Site (Skyland, Lidl or Teel) had coverage under the National Pollutant Discharge Elimination System General Permit for Discharges from Construction Activities while Teel constructed the grocery store for Lidl.  This CAFO alleges that Skyland, Lidl, and Teel violated Section 301 of the Clean Water Act, 33 U.S.C. § 1311, by engaging in construction activity at a Site that resulted in unpermitted discharges of stormwater to the Washington D.C. Municipal Separate Storm Sewer System, which flows to the Anacostia River. 

The CAFO assesses an administrative penalty of $39,500.01 to be paid as follows:  Skyland Holdings, LLC shall pay $13,166.67, Lidl US Operation, LLC shall pay $13,166.67, and Teel Construction, Inc. shall pay $13,166.67 for the alleged violations under Section 309(g) of the CWA, 33 U.S.C. § 1319(g).  The penalty is in accordance with EPA’s Interim Clean Water Act Settlement Penalty Policy (1995) and the statutory factors set forth in Section 309(g) of the CWA, 33 U.S.C. § 1319(g). 

Applicants or Respondents

Docket Numbers

• CWA-03-2025-0010

Related Documents

• Skyland Holdings, Lidl US, and Teel Construction CAFO Public Notice (pdf) (141.28 KB)
  Skyland Holdings, Lidl US, and Teel Construction CAFO Public Notice
• Skyland Holdings, Lidl US, and Teel Construction Consent Agreement and Final Order (pdf) (515.37 KB)
  Skyland Holdings, Lidl US, and Teel Construction Consent Agreement and Final Order