EPA v. American Falls Solar, LLC

Case summary

On November 14, 2022, the U.S. Department of Justice, on behalf of EPA Region 10, filed a Stipulation of Settlement in the U.S. District Court for the District of Idaho resolving violations of the Construction General Permit by American Falls Solar, LLC, at their facility in American Falls, Idaho. American Falls Solar, LLC is the owner and operator of a solar farm where they repeatedly failed to meet water quality standards for sediment; failed to timely implement and maintain best management practices; failed to temporarily stabilize the Site for months; failed to document self-inspections for months; failed to documents problems at the facility with correction reports and failed to notify EPA; and many other violations from August 2016 through November 2017, including allowing permit coverage to lapse. Violations at the facility resulted in an estimated discharge of 945 tons of excess sediment, which likely caused downstream water quality issues. The Defendant has agreed to pay a penalty of $416,500. Construction was completed in or around November 2017, so Defendant is not required to perform any restoration actions at this time. The court approved the stipulation of settlement on November 15, 2022.

Defendants (1)

• American Falls Solar, LLCNamed in complaintNamed in settlement

Facilities (1)

• SWINERTON RENEWABLE ENERGY - AMERICAN FALLS SOLAR LLC FARMS I & II

  2294 RAMSEY ROAD, AMERICAN FALLS, ID, 83211

  Registry ID: 110070050897

Statutes cited

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

Enforcement conclusions (1)

• American Falls Solar, LLCentered 2022-11-15

  Primary law: CWA

  Federal penalty: $416,500

Timeline (7 milestones)

• 2020-09-28Referred To Dept Of Justice
• 2022-09-12Enforcement Action Data Entered
• 2022-11-14Final Order Lodged
• 2022-11-14Complaint Filed With Court
• 2022-11-15Final Order Entered
• 2022-11-21Enforcement Action Closed
• 2022-11-21NPDES Closed