A Battle Ground-based contractor has received fines from the Washington State Department of Ecology totaling $136,000 for a dozen violations over the course of nearly a year, the department announced.
On Jan. 26, Ecology announced it fined Hamilton Excavating LLC for repeated water quality and stormwater permit condition violations during the construction at the Highland Terrace subdivision in La Center. The subdivision is located on Northwest Pacific Highway north of Northwest Larson Drive.
The fines stem from polluted stormwater that was discharged from the worksite, impacting neighboring property and the East Fork Lewis River.
Beginning in November 2020 the worksite received inspections from La Center and Ecology staff, a narrative from the department stated. On the first inspection, Ecology found construction stormwater discharging into a ditch that flows into a tributary of the East Fork Lewis River. A test showed turbidity at above 1,000 nephelometric turbidity units (NTU), which was too high to get an exact reading and well above benchmark levels.
The turbidity was a result of “multiple permit condition violations,” the narrative stated. The November 2020 inspection showed Hamilton didn’t submit discharge monitoring reports, did not notify Ecology of high sediment discharge, had insufficient sediment controls and improperly stored potential stormwater pollutants. The worksite also had unstabilized soils and channels.
A month later, an inspection showed improved turbidity, but at levels still above the benchmark, according to the narrative. That inspection showed Hamilton lacked documents in required plans and records, had insufficient sediment controls and inadequate soil and channel stabilization.
In a March inspection, Ecology found the continued turbidity was due to improper stormwater infrastructure management, the narrative stated. Both that inspection and one a month prior resulted in $5,000 in fines, apart from the latest ones, which Hamilton paid.
La Center city staff got involved with inspecting the site in October 2021, the narrative stated, after the city received multiple complaints of runoff flowing along Northwest Pacific Highway. That inspection determined water was being pumped by a manhole into the roadside ditch, and erosion occurred on destabilized soils.
A few days later, La Center City Engineer Anthony Cooper returned to the site and saw damage from the stormwater drainage at the worksite on a neighboring property. The following day the city told Hamilton to stop its discharge, stabilize eroding soils and instructed him to follow Ecology guidance.
A final inspection by Ecology at the end of October still showed a number of permit violations related to erosion control.
Both Ecology and the city provided technical assistance to Hamilton on multiple occasions over the course of the inspection timeline, the narrative stated. Ecology’s analysis showed none of the violations were likely to pose a public health risk, though there was the possibility for environmental damage.
The East Fork Lewis River watershed is home to Endangered Species Act-listed fish, including steelhead, coho, chum, and fall chinook, the release from Ecology stated. Stormwater runoff from construction sites can carry sediment, chemicals, and debris that can harm aquatic life and reduce water quality. The department noted the watershed has been a focus for the East Fork Lewis River Partnership in an effort to improve the water quality.
Hamilton Excavating LLC has 30 days to appeal the penalty to the Pollution Control Hearings Board, the release stated.
