Agency backs away from discharge claims

SANDPOINT - A Sandpoint engineering firm is consenting to a $1,277 penalty to settle alleged water quality violations at a construction site, according to the U.S. Environmental Protection Agency.

The EPA sought up to $5,000 in penalties against Black Diamond Engineering in September of last year for violations of the federal Clean Water Act.

The alleged violations occurred at the site of the Cedars at Sand Creek, a 5-acre housing development at 400 Schweitzer Cutoff Road.

The agency alleged Black Diamond's stormwater pollution prevention plan had numerous deficiencies and a number of inspections were not conducted.

Black Diamond also failed to properly certify inspection reports and install silt fences at the site, according to EPA.

The EPA is retreating from allegations sediment was discharged into Sand Creek.

EPA compliance officer David Domingo stated last year that it appeared a discharge had occurred, but the agency is now indicating there was no unauthorized discharge.

Black Diamond's president, Joel Petty, has steadfastly disputed claims that sediment entered Sand Creek.

“I'll pay a fine for not certifying the inspection reports correctly, but there was never any sediment that left that site,” Petty said earlier this year.