DEP Fines Commercial Developer $275K
Washington PA Observer
Reporter
18 December 2010
By Bob Niedbala, Staff writer
niedbala@observer-reporter.com
The state Department of Environmental Protection said Friday it has
penalized David Hook, trustee of the Lamar Prospect Trust, more than
$275,000 for violating state environmental laws at a commercial
development on Baker Drive in Franklin Township.
While developing the property near Interstate 79 and Route 21, Hook
polluted nearby streams, destroyed wetlands and relocated almost a mile
of stream without the state's authorization, DEP said.
The civil penalty is part of a consent order and agreement to resolve
violations of the Clean Streams Law and the Dam Safety and
Encroachments Act.
The order also requires Hook to replace or restore the impacted natural
resources, including about 3 acres of wetlands.
"We have measures in Pennsylvania to ensure construction and
development occurs in a manner that limits impacts to our natural
resources," said George Jugovic Jr., DEP Southwest regional director.
"Anyone who flagrantly ignores those measures will be subject to a fine
and be made to correct the violations."
Hook could not be reached late Friday for comment.
Lamar Prospect owns 97.4 acres of land on Baker Drive, behind the Kyowa
America building. The company began constructing a 12,375-square-foot
metal building on the property late last year.
According to DEP, Hook submitted an erosion and sediment control plan
to the Greene County Conservation District for review in early October
2009, in advance of the work.
The conservation district advised Hook he would need to receive a
National Pollutant Discharge Elimination System permit from DEP because
the proposed commercial development included more than 30 acres.
Hook withdrew the E&SC plan and submitted a new one for less than 5
acres of earth disturbance to construct a building and parking area,
eliminating the need for an NPDES permit.
In late October 2009, DEP received a complaint about work at the site.
The department and conservation district found that Hook had proceeded
without the required permit to clear more than 30 acres of land. In the
process, Hook destroyed wetlands, relocated streams and failed to
install adequate erosion and sediment controls, resulting in sediment
pollution to unnamed tributaries of Ten Mile Creek, DEP said.
DEP issued two notices of violation in November 2009, and after
discovering additional unauthorized work at the site, two compliance
orders.
As part of the consent order, Hook has agreed to pay the $275,000
penalty and submit required permit applications and restoration plans.
He also must begin restoring the site within 30 days of DEP's
restoration plan approval and monitor all restored wetlands and streams
for at least five years.
Hook has submitted the required NPDES permit application and paid the
first penalty installment. He has until Feb. 1 to submit the resource
restoration plan for DEP's review.
DEP also issued a notice of violation to Franklin Township for granting
Lamar Prospect building permits for the site without an NPDES permit or
approved E&SC plan.
In turn, the township issued a "stop work" order and summary citation
to Lamar Prospect for failure to comply with state environmental laws.
A DEP spokeswoman previously has said the township probably won't be
fined for the violation and the department only wanted township
officials to understand the regulations and know how to proceed in the
future.