Tamarack fined for water violations

Tamarack Resort agreed to pay a $185,000 federal penalty to resolve Clean Water Act violations arising from storm water violations discovered in 2005 and 2006, the Justice Department and Environmental Protection Agency said in a joint statement.

The agreement also calls for Tamarack to restrict its winter construction schedule this year and upgrade best management practices for future winter construction seasons.

In addition to inspections by the Idaho Department of Environmental Quality, EPA inspected Tamarack twice in 2005 and once in 2006. EPA found violations of its Construction Storm Water General Permit program at each inspection, the release said. The complaint alleged storm water violations occurred at the resort's 800-acre construction site near Cascade Lake.

Documented violations included failure to obtain timely coverage under the EPA Storm Water Construction General Permit; discharging concrete truck wash water to a wetland; discharging turbid water to nearby creeks and Cascade Lake; failing to maintain "best management practices" properly; and failure to update storm water pollution prevention plan.

Ronald Tenpas, assistant attorney general for the Justice Department's Environment and Natural Resources Division, said the settlement will ensure that future construction at the site would comply with applicable federal laws.

Elin Miller, EPA regional administrator in Seattle, said this was a case where a developer made a serious mistake and harmed the environment. He said it's critical that land developers pay close attention to storm water management during construction because if too large a land area is opened at once, construction runoff is uncontrollable and nearby streams and lakes can be damaged.

Under the terms of the agreement, Tamarack Resort has 30 days after entry of the decree to remit the penalty to the U.S. Treasury. The consent decree will be subject to a 30-day public comment period and subsequent judicial approval. The consent decree is available on the Justice Department Web site.