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.