Toll Brothers Pays $741,000 To Settle National EPA Lawsuit
NEWINGTON — — The developer seeking to build luxury homes on Cedar Mountain agreed in June to pay a $741,000 penalty to resolve more than 600 alleged violations of the federal Clean Water Act nationwide.
Toll Brothers, one of the nation's largest homebuilders, allegedly failed over a period of years to control runoff from its construction sites, polluting nearby streams and rivers, according to a June 20 Environmental Protection
Agency press release.
Toll Brothers, one of the nation's largest homebuilders, allegedly failed over a period of years to control runoff from its construction sites, polluting nearby streams and rivers, according to a June 20 Environmental Protection
Agency press release.
The alleged violations were concentrated in Virginia and Maryland, the release says.
"The majority of the alleged violations involve Toll Brothers' repeated failures to comply with permit requirements at its construction sites, including requirements to install and maintain adequate storm water pollution controls," the release reads.
The settlement covers 370 sites in 23 states, including 13 in Connecticut, according to the EPA website.
Toll Brothers Vice President John F. Lehane acknowledged a problem in 2009 at a site in Prospect, which he said the company responded to quickly after an EPA inspection.
But Lehane said it was "not accurate" to say there were violations at the 13 Connecticut sites. Toll Brothers voluntarily included the sites in the settlement, he said.
Asked why the company would submit the sites for the settlement if there were no violations, Lehane said, "That goes to the terms of the consent decree, and I can't really discuss the terms of the consent decree because it is not approved by the judge."
Lehane characterized the settlement as an agreement to implement an "enhanced compliance program." As part of a national push to improve compliance, the EPA has reached similar agreements with eight other national homebuilders, he said.
"The consent decree provides for a company-wide compliance program at Toll Brothers Communities," Lehane said in an email. "It includes management and oversight measures that exceed the environmental protection requirements of ordinary storm water permits. The proposed Newington community will incorporate these enhanced management and oversight measures."
Toll Brothers is seeking a wetlands permit from the Conservation Commission to construct 48 luxury homes on undeveloped land on Cedar Mountain. Critics packed a public hearing last month to express fears about nearby wetlands and blasting needed to dig basements and utility trenches.
Conservation Commission Chairman Phillip Block said Thursday some speakers at the public hearing referenced the EPA settlement. For the commission to consider the allegations in its decision, critics must submit documentation before the public hearing closes, he said.
"All information properly presented to the commission will be considered," Block said.
The public hearing remains open and will resume Nov. 13, Block said.
On April 9. 2009, EPA officials checked the Toll Brothers' construction site at the Regency at Prospect, according to the EPA lawsuit. The inspection revealed the company had failed to implement the erosion and sediment controls required by its state Department of Environmental Protection permit, resulting in sediment discharge into a stream that feeds Beaver Pond Brook, the suit reads.
"The majority of the alleged violations involve Toll Brothers' repeated failures to comply with permit requirements at its construction sites, including requirements to install and maintain adequate storm water pollution controls," the release reads.
The settlement covers 370 sites in 23 states, including 13 in Connecticut, according to the EPA website.
Toll Brothers Vice President John F. Lehane acknowledged a problem in 2009 at a site in Prospect, which he said the company responded to quickly after an EPA inspection.
But Lehane said it was "not accurate" to say there were violations at the 13 Connecticut sites. Toll Brothers voluntarily included the sites in the settlement, he said.
Asked why the company would submit the sites for the settlement if there were no violations, Lehane said, "That goes to the terms of the consent decree, and I can't really discuss the terms of the consent decree because it is not approved by the judge."
Lehane characterized the settlement as an agreement to implement an "enhanced compliance program." As part of a national push to improve compliance, the EPA has reached similar agreements with eight other national homebuilders, he said.
"The consent decree provides for a company-wide compliance program at Toll Brothers Communities," Lehane said in an email. "It includes management
and oversight measures that exceed the environmental protection requirements of ordinary storm water permits. The proposed Newington community will incorporate these enhanced management and oversight measures."Toll Brothers is seeking a wetlands permit from the Conservation Commission to construct 48 luxury homes on undeveloped land on Cedar Mountain. Critics packed a public hearing last month to express fears about nearby wetlands and blasting needed to dig basements and utility
trenches.Conservation Commission Chairman Phillip Block said Thursday some speakers at the public hearing referenced the EPA settlement. For the commission to consider the allegations in its decision, critics must submit documentation before the public hearing closes, he said.
"All information properly presented to the commission will be considered," Block said.
The public hearing remains open and will resume Nov. 13, Block said.
On April 9. 2009, EPA officials checked the Toll Brothers' construction site at the Regency at Prospect, according to the EPA lawsuit. The inspection revealed the company had failed to implement the erosion and sediment controls required by its state Department
of Environmental Protection permit, resulting in sediment discharge into a stream that feeds Beaver Pond Brook, the suit reads.
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