The Oregon Department of Environmental Quality (DEQ) has issued a civil penalty of $65,262 to The Hills of Depoe Bay, for failing to comply with their National Pollutant Discharge Elimination System (NPDES) 1200-C General Permit for construction of a residential development located at the east end of Lillian lane, in Depoe Bay. Specifically, DEQ cited the company for failing to implement their erosion and sediment control plan and for failing to perform visual monitoring at the construction site.
DEQ has also cited the company without penalty for failing to keep both erosion and sediment control plans current and updated and for placing wastes in a location where they are likely to enter waters of the state. DEQ issued this penalty because their permit requires them to implement the erosion and sediment control plan developed for the site and to perform visual monitoring on a regular basis to ensure the controls are effective.
Despite these requirements, insufficient visual monitoring was performed and the control measures identified in plans were not implemented. Your construction activities resulted in uncontrolled discharges of pollutants to stormwater systems that drain to the Pacific Ocean. $44,184 of the civil penalty represents the economic benefit the company gained by failing to implement the erosion and sediment control plan. The company has 20-days to appeal the penalty.