Yoars Law

Contractors & Developers: Importance of A Proper Stormwater Pollution Plan at a Large Construction Site

legoland new york goshen ny construction polluting waterways
The $500M construction of the largest and most expensive Legoland to date in Goshen, NY, cannot seem to figure out how to deal with the drainage issues that have been occurring since they started.[1] On June 18, a Goshen building inspector shut down all construction until the amusement park’s owner Merlin Entertainments, general contractor Holt Construction, and principal engineer Lanc & Tully can find a permanent solution to the site’s drainage issues.[2]

Legoland’s construction site is next to the Otter Kill River and has run into many issues, opposition, and delays. Runoff from the site has led to at least 28 NYS Dept. of Environmental Conservation (DEC) citations for polluting local waterways with construction mud since May 2018, plus multiple Goshen citations.[3] The DEC’s fines against Legoland have been reported to be over $275,000.

Contractors and developers are all aware that management of rain or snow runoff from construction sites to waterways and water supply systems is a major concern. According to an inventory conducted by the Environmental Protection Agency (EPA), half of the impaired waterways are affected by urban/suburban and construction sources of stormwater runoff. Due to federal and state regulations, stormwater pollution prevention plans (SWPPP) for large construction sites are essential.[4] The NYS DEC’s information page on stormwater management can be found here.

Yoars Law has years of experience with environmental regulation and the construction industry. We focus on being proactive business and legal advisors for our clients, guiding them through the complex legal and regulatory environments in which they must operate, as well as being zealot advocates when needed. We also provide transparent and predictable legal fees so our clients can manage their budgets consistently and effectively in an industry where controlling costs is one keystone in the success of a project.

 

[1] https://www.timesunion.com/tuplus-business/article/Goshen-to-hear-Legoland-New-York-plans-8330816.php

[2] https://www.recordonline.com/news/20190619/goshen-shuts-down-legoland-construction-site

[3] https://www.recordonline.com/news/20190619/goshen-shuts-down-legoland-construction-site

[4] EPA’s own guide on SWPPP plans can be found at https://www3.epa.gov/npdes/pubs/sw_swppp_guide.pdf

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