Settlements Resolve Clean Water Act Violations at Four Solar Farm Construction Sites in Alabama, Idaho and Illinois

The Division of Justice and the Environmental Safety Company (EPA) at the moment introduced settlements with 4 separate photo voltaic farm house owners to resolve alleged violations of the Clear Water Act. The alleged violations had been building allow violations and stormwater mismanagement at large-scale photo voltaic producing services: a website close to LaFayette, Alabama, owned by AL Photo voltaic A LLC (AL Photo voltaic); a website close to American Falls, Idaho, owned by American Falls Photo voltaic LLC (American Falls); a website in Perry County, Illinois, owned by Prairie State Photo voltaic LLC (Prairie State); and a website in White County, Illinois, owned by Huge River Photo voltaic LLC (Huge River). The states of Alabama and Illinois joined within the Alabama and Illinois settlements.

These 4 photo voltaic farm house owners are all subsidiaries of enormous worldwide finance and funding corporations, and all 4 used a standard building contractor for the event of their photo voltaic farms. Collectively, the 4 settlements with these defendants safe a complete of $1.34 million in civil penalties and be sure that remaining building will happen in compliance with Clear Water Act stormwater permits. The settlements resolved claims alleged in 4 separate complaints the federal government additionally filed at the moment.

“Whereas the event of renewable power holds nice promise for combatting local weather change, the photo voltaic power business should adjust to the Clear Water Act,” mentioned Assistant Legal professional Common Todd Kim of the Justice Division’s Setting and Pure Assets Division. “The proposed settlements reveal the Division of Justice’s dedication to require these growing these services, together with the location house owners, to adjust to the regulation, or be held accountable for building practices that put our waterways in danger.”  

“The event of photo voltaic power is a key element of this Administration’s efforts to fight local weather change,” mentioned Appearing Assistant Administrator Larry Starfield of the EPA’s Workplace of Enforcement and Compliance Assurance. “These settlements ship an essential message to the location house owners of photo voltaic farm tasks that these services should be deliberate and inbuilt compliance with all environmental legal guidelines, together with people who forestall the discharge of sediment into native waters throughout building.”

Photo voltaic farm building includes clearing and grading giant sections of land, which might result in vital erosion and main runoff of sediment into waterways if stormwater controls on the website are insufficient. Elevated sediment in waterways can injure, suffocate or kill aquatic life; harm aquatic ecosystems; and trigger vital hurt to ingesting water remedy methods. To keep away from these harms to the atmosphere and public well being, events accountable for building of photo voltaic farms are required to get building stormwater permits below the Clear Water Act and adjust to the phrases of these permits. Every of the complaints filed at the moment allege that the house owners of those 4 websites violated their building stormwater permits in comparable methods: failing to design, set up, and keep correct stormwater controls; failing to conduct common website inspections; failing to make use of certified personnel to conduct inspections; and failing to precisely report and handle stormwater points on the website. The complaints filed towards AL Photo voltaic and American Falls Photo voltaic additionally allege unauthorized discharges of extra sediment from their building websites to close by waterways.

Development on the Idaho and Alabama websites is now full and allow protection has been terminated. Due to this fact, these settlements solely embrace civil penalties. The USA and the Alabama Division of Environmental Administration (ADEM) filed a stipulation of settlement with AL Photo voltaic within the U.S. District Court docket for the Center District of Alabama together with its grievance. Beneath that settlement, AL Photo voltaic pays a $250,000 civil penalty to the US and a $250,000 civil penalty to ADEM. A second stipulation of settlement involving American Falls was filed within the U.S. District Court docket for the District of Idaho. Beneath that settlement, American Falls pays a civil penalty of $416,500 to the US. 

As well as, consent decrees with Prairie State and Huge River had been filed by the US and the State of Illinois. As a result of each Illinois websites stay topic to Clear Water Act permits, these two settlements require the house owners to make sure compliance with these permits till building on the websites is full and the US and State agree that allow protection will be terminated. As well as, Prairie State pays a civil penalty of $157,500 to the US and $67,500 to the state of Illinois, and Huge River pays a civil penalty of $122,500 to the US and $52,500 to the state of Illinois. The consent decrees had been lodged with the U.S. District Court docket for the Southern District of Illinois and are topic to a 30-day public remark interval and ultimate court docket approval.

The consent decrees will be considered on the Division of Justice web site right here.