EPA v. Swinerton Builders Corporation (Swinerton) - AL Solar A, LLC (NATIONAL CASE)

Case summary

9/29/20 - REFERRED TO DOJ - The referral addresses construction stormwater violations under the Clean Water Act conducted by Swinerton Builders Corporation (Swinerton). The property in Chambers County, Alabama, is a solar panel energy site approximately 1,150 acres in size with construction site disturbance of approximately 800 acres. At the time of construction, Swinerton was the permittee and operator that managed the site. The stormwater violations include failure to comply with numerous NPDES permit requirements pertaining to an adequate Construction Best Management Practices Plan (CBMPP), inadequate best management practices (BMPs), and inspection and reporting deficiencies. Additionally, Swinerton discharged sediment in stormwater into tributaries of Kellem Hill Creek. Sediment from these discharges reached the Chattahoochee River. Swinerton constructs commercial and industrial projects and is primarily known for building energy sites nationwide. They operate nationwide and in multiple states in Region 4. The referral requests injunctive relief company wide at existing and future sites and a penalty. JULY 12, 2024 ORDER GRANTING MOTION TO ENTER INTO CONSENT DECREE This Consent Decree addresses Defendant Swinerton's alleged violations of the Clean Water Act (CWA) and related state laws during the construction of solar energy facilities in Alabama, Illinois, and Idaho. Swinerton is a national construction company that built four solar energy facilities: the American Falls Site near American Falls, Idaho; the AL Solar Site near LaFayette, Alabama; the Prairie State Site in Perry County, Illinois; and the Big River Site in White County, Illinois. The Complaint alleges that Swinerton failed to obtain required permits for construction stormwater discharges under the CWA, 33 U.S.C. ? 1319(b), the Alabama Water Pollution Control Act, and the Illinois Environmental Protection Act. The Complaint alleges that Swinerton engaged in the following actions: (1) in Idaho, Swinerton failed to obtain an NPDES permit and discharged, without authorization, sediment-laden stormwater from the American Falls Site, (2) in Alabama, Swinerton discharged sediment-laden stormwater from unauthorized discharge points and failed to comply with the terms of its state-issued permit at the AL Solar Site, and (3) in Illinois, Swinerton failed to comply with the conditions of state-issued permits at the Prairie State Site and Big River Site. The Complaint alleges that the unauthorized discharges of sediment from the Idaho and Alabama sites caused harm to the impacted receiving waters that has not been redressed. This proposed Consent Decree is a result of negotiations between the parties. It (1) imposes on Swinerton injunctive relief to redress the environmental harms of its violations and (2) charges civil penalties.

Defendants (2)

• Swinerton Builders Corporation (Swinerton)Named in settlement
• AL Solar A, LLCNamed in complaintNamed in settlement

Facilities (1)

• AL SOLAR A

  SOUTH OF AL-50 ON WEST SIDE OF CAMBERS COUNTY 83, LAFAYETTE, AL, 36862

  Registry ID: 110069580849

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (2)

• Swinerton Builders Corporation (Swinerton) - AL Solar A, LLC (NATIONAL CASE)entered 2024-07-12

  Primary law: CWA

  Federal penalty: $540,500 · State/local: $540,500

• AL Solar A, LLC (NC)entered 2022-11-23

  Primary law: CWA

  Federal penalty: $250,000 · State/local: $250,000

Timeline (7 milestones)

• 2020-09-29Referred To Dept Of Justice
• 2020-09-30Enforcement Action Data Entered
• 2021-06-28Supplemental Referral-Adding parties, counts
• 2022-11-14Complaint Filed With Court
• 2024-01-17Final Order Lodged
• 2024-01-17Amended Complaint
• 2024-07-12Final Order Entered