Idaho solar developer settles federal water pollution allegations

Published 2:45 pm Wednesday, November 30, 2022

A renewable energy developer has agreed to pay the federal government $416,500 to settle allegations that it unlawfully polluted water while building an Idaho solar facility.

A federal complaint filed at the behest of the U.S. Environmental Protection Agency accused American Falls Solar of violating the Clean Water Act during construction activities in 2016 and 2017.

The complaint alleged the company hired contractors that cleared and graded 357 acres of farmland near American Falls to build the 40-megawatt facility without proper stormwater controls.

Erosion and sediment runoff were not minimized during earth-disturbing activities at the site as required by law, repeatedly causing pollutants to enter a nearby creek and ultimately flow into the American Falls Reservoir, according to the federal government.

Though the work was done by a contractor, the solar developer had “operational control over construction plans and specifications for the site, including the ability to make modifications to those plans and specifications,” the complaint said.

Inspectors from Idaho’s Department of Environmental Quality observed discharges of sediment and erosion from the construction area into nearby waterways, as well as failures to stabilize slopes or protect storm drains from pollution, among other problems, the complaint said.

The solar developer wasn’t covered by a valid Clean Water Act permit for more than a month and violated permit conditions when it was covered, the complaint alleged.

Self-inspection reports provided to the EPA by the company and its contractor documented “numerous occasions” of pollutant discharges in addition to the instances observed by state officials, according to the federal government.

Violations of the Clean Water Act alleged in the complaint may result in nearly $60,000 in civil penalties per day.

The government and the solar developer agreed that it’s “in the public interest to resolve this matter without litigation” and instead negotiated the $416,500 settlement, according to a court document. American Falls Solar stipulated to the settlement terms “without any admission of liability.”

Solar facility construction has run into controversy in the Northwest, particularly when the sites are planned in areas used for farming and grazing.

The American Farmland Trust, which advocates for preserving farmland, has projected that solar facilities will be developed on 75,000 acres in Oregon, 42,000 acres in Washington and 29,000 acres in Idaho.

The American Falls Solar settlement is one of four similar deals the federal government has reached with solar developers around the country, who’ve collectively agreed to pay $1.34 million in penalties for Clean Water Act violations, according to the U.S. Department of Justice.

The federal government noted that all four solar developers “used a common construction contractor,” Swinerton Builders, though the company wasn’t named as a defendant in the lawsuits.

“While the development of renewable energy holds great promise for combating climate change, the solar energy industry must comply with the Clean Water Act,” according to DOJ.

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