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DEP Fines Construction
Corporation for Violating Water Pollution Control Laws:
Illegal Stormwater Runoff from Residential Development Impacts
Local Wetlands
(03/15) Trenton— New Jersey
Department of Environmental Protection’s (DEP) Commissioner
Bradley M. Campbell today announced that Kaplan and Sons
Construction Corporation, which is responsible for the La
Mer residential development in Middlesex County, is being
fined $208,500 for illegal stormwater discharges and for
failure to prevent severe soil erosion runoff from impacting
local wetlands.
“Kaplan’s failure to incorporate
environmental safeguards into his company’s development
practices is illegal, irresponsible, and dismissive of the
public’s right to a healthy environment,” said
DEP Commissioner Campbell. “We will no longer tolerate
a situation that has languished far too long and resulted
in ongoing damage to protected wetlands.”
The La Mer residential development is being
constructed in phases along natural bluffs on Ernston Road
in Sayreville, adjacent to Cheesequake State Park. As part
of the site development, Kaplan Construction clear cut property
along the bluffs and did not provide for proper stormwater
control measures, which has resulted in serious soil erosion
that is draining into wetlands and nearby Cheesequake Creek.
The DEP has made repeated attempts, beginning with the issuance
of a Notice of Violation (NOV) to Kaplan Construction in
August 2000, to seek stormwater control compliance and alleviate
the severe erosion occurrences.
On December 12, 2002, DEP inspected the
La Mer development project and issued NOVs for failure to
provide both temporary and permanent stabilization measures
at two stormwater retention basins, and for failure to maintain
temporary erosion controls to mitigate soil runoff and resulting
siltation impacting area wetlands.
During a follow-up inspection on January
22, 2003, the DEP found that the stabilization of the basins
was insufficient. Hay mulch was applied to two of the three
basin embankments, but not the basin bottoms. Additional
areas of soil disturbance also were discovered at the site,
and there is a significant lack of erosion and sedimentation
controls that are required under the site’s DEP permit.
Kaplan Construction is required by its
DEP site permit to submit an Annual Report and Certification
one year after receiving authorization for a project. For
the phase of development impacting the bluff area, Kaplan
failed to submit reports required by June 13, 2001 and June
13, 2002.
The DEP’s penalty assessment of $208,500
is based on violations of the New Jersey Water Pollution
Control Act, including failure to properly maintain soil
erosion and sedimentation controls. The penalty assessment
includes a $35,000 fine for Kaplan’s failure to obtain
proper permits for clearing and grading activities, and
a $3,500 fine for failure to submit annual reports and certifications.
A copy of the DEP's Administrative Order
and Notice of Civil Administrative Penalty Assessment issued
to Kaplan and Sons Construction Corporation, Inc. is available
upon request.
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