Excavator Pays Fine for Violations

Rachel Diamond, the state of Pennsylvania’s Environmental Protection South Central regional director announced the department has issued an order to Reading Site Contractors of Pottstown, PA, regarding erosion and sediment control violations at a state Department of Transportation construction site in Berks County, PA.

RSC has paid a $77,000 civil penalty for violations to the Clean Steams Law. If RSC fails to comply with the terms of the COA, it also could face additional stipulated penalties that range from $1,500 to $2,500 per violation per day for actual pollution to any local waterway to $500 to $1,500 per violation per day for any other uncorrected violations.

 “The number and type of violations are very significant,” Diamond said. “RSC must realize that it cannot ignore its environmental responsibilities during construction.”

Inspections by the Berks County Conservation District between Oct. 23-Dec. 24 last year discovered the following: RSC failed to follow the standard conditions of its approved National Pollution Discharge Elimination System permit; RSC failed to implement and maintain proper erosion and sediment controls; RSC failed to seed, mulch and protect the site from erosion and sedimentation; RSC caused or allowed erosion and sedimentation from the site to enter Klines Creek, a high-quality waterway, and Little Muddy Creek; and RSC conducted earth disturbance activities on an adjacent side without obtaining the proper NPDES permit.

As a result, RSC must take a number of corrective actions. They include: stabilizing all construction entrances; removing any dirt or mud, when necessary, from public and private roadways that was deposited as a result of earth disturbance activities at the site; and making modifications to its approved erosion and sediment plan.

“The size of this penalty and the possibility of additional penalties in the future should make it clear that preventable violations of this type will not be tolerated.” Diamond said.