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For Release:   April 21, 2010
For media inquiries only, contact: Brian J. Gottstein
Email: bgottstein@oag.state.va.us (best contact method)
Phone: 804-786-5874

Attorney General Cuccinelli Applauds EPA for Stopping Alleged Chesapeake Bay Polluter

- EPA enforced storm water runoff restrictions -

RICHMOND (April 21, 2010) -- Attorney General Ken Cuccinelli today applauded the Environmental Protection Agency for protecting the Chesapeake Bay from an alleged polluter through its enforcement of storm water runoff restrictions.

Hovnanian Enterprises, Inc., a national residential homebuilder with work sites in Virginia, has agreed to pay a $1 million civil penalty to resolve alleged Clean Water Act violations at its construction sites. Virginia joined the federal government, the District of Columbia, Maryland, and West Virginia in the settlement.

“Working with the governor, we joined in this settlement to protect Virginia’s natural resources,” said Mr. Cuccinelli.  “When the EPA works within the bounds of its authority to enforce environmental regulations, I join in that effort to protect Virginia’s natural resources and the interests of Virginians.  The mitigation steps that the EPA structured with Hovnanian Enterprises are carefully tailored to protect the environment without costing people their businesses or their jobs.”

The federal government alleged that Hovnanian failed to prevent or minimize the discharge of pollutants such as silt and debris in storm water runoff from its construction sites into nearby waterways, something that can be prevented with onsite pollution controls.

As part of the settlement, Hovnanian will also implement a company-wide storm water compliance program at existing and future construction sites around the country.  The company will develop improved pollution prevention plans for each construction site, conduct additional site inspections, and promptly correct any problems detected.

A total of 161 Hovnanian construction sites in Virginia, the District of Columbia, Maryland, and West Virginia fall within the bay watershed and are covered by this settlement.  They will each receive a portion of the $1 million penalty, at least part of which will be used for bay protection.

A copy of the consent decree is available on the Justice Department website at www.justice.gov/enrd/Consent_Decrees.html.

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