HARRISBURG – The Department of Environmental Protection and the Fish and Boat Commission issued a joint $35,000 penalty against Clearwater Construction based in Mercer, Mercer County for numerous violations to state and federal regulations, including intentionally discharging concrete laden water into the Conewago Creek in York County.
“By washing this concrete slurry into the creek, Clearwater Construction recklessly endangered the health of a vital York County waterway,” said DEP Southcentral Regional Office Director Rachel Diamond.
A contractor for the state Department of Transportation, Clearwater was replacing the Lewisberry Road bridge straddling the border of Newberry and Conewago townships.
From inspections on Nov. 11, 12. 13, both DEP and the Fish and Boat Commission field staff documented workers intentionally washing poor quality, wet concrete into the creek in order to avoid hauling it away and delaying completion of the bridge.
Additionally, on Nov. 13 and Nov. 17, inspectors noticed that Clearwater did not use best management practices for moving soil and failed to minimize erosion and sedimentation.
The company’s intentional violation of state and federal regulations created a danger of sedimentation pollution in the Conewago Creek and threatened aquatic life.
In addition to breaking Pennsylvania Clean Streams Law, the company also violated the state’s Dam Safety and Encroachment Act, Fish and Boat Code regulations and federal National Pollutant Discharge Elimination System requirements.
DEP received $30,000 of the penalty, $26,000 of which went to the Clean Water Fund and $4,000 went to the Dams and Encroachments Fund. The Fish and Boat Commission also received $5,000.
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