4 Companies in 3 States Cited for Violating Construction Permits

Four companies across three states that develop solar energy facilities will pay $1.3 million for violating construction permits and rules for handling groundwater, authorities said. 

According to the U.S. EPA, parties responsible for the construction of solar farms are required to obtain "construction stormwater permits under the Clean Water Act and comply with the terms of those permits."

According to AP,  "in each case, the government alleged companies failed to take steps to control runoff water. In Alabama and Idaho, sediment from construction sites got into nearby waterways," the government said.

A Justice Department and U.S EPA statement said "the companies used a common construction contract," AP reported. Additionally, the owners are all subsidiaries of large international companies. 

The four cases are:

• AL Solar A LLC, which built a solar farm near Lafayette, Alabama, will pay $500 in civil penalties to state and federal regulators. 
• American Falls Solar LLC, which owned a site near American Falls, Idaho, will pay a $416,500 civil penalty to the federal government. 
• Prairie State Solar LLC, which is the owner of a development in Perry County, Illinois
• Big River Solar LLC, which had a development in White County, Illinois 

The Idaho and Alabama sites only include civil penalties because construction at those sites is complete, and permit coverage has been terminated. The two Illinois sites remain under construction and officials there are required to follow the rules for the remaining work. The United States and State of Illinois filed consent decrees with Prairie State and Big River. Additionally, Prairie State will pay a civil penalty of $157,500 to the U.S. and $67,500 to the state of Illinois. Big River will pay a civil penalty  of $122,500 to the US. and $52,500 to the state of Illinois.

“While the development of renewable energy holds great promise for combatting climate change, the solar energy industry must comply with the Clean Water Act,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division in an EPA press release. “The proposed settlements demonstrate the Department of Justice’s commitment to require those developing these facilities, including the site owners, to comply with the law, or be held accountable for construction practices that put our waterways at risk.”  

The EPA press release further stated that, allegedly, these four sites violated their construction stormwater permits in similar ways:

• Failing to design, install, and maintain proper stormwater controls;
• Failing to conduct regular site inspections;
• Failing to employ qualified personnel to conduct inspections; and
• Failing to accurately report and address stormwater issues at the site.

The complaints filed against AL Solar and American Falls Solar also allege unauthorized discharges of excess sediment from their construction sites to nearby waterways, the press release said.