Attorney General Schwalb Announces That Fort Myer Construction Will Make Sweeping Changes to Prevent Further Water Pollution from Ward 5 Facility

Attorney General Brian L. Schwalb today announced that Fort Myer Construction Corporation (Fort Myer), one of the region's largest road paving and infrastructure construction companies, will pay $450,000 and make extensive upgrades to its equipment and business practices to resolve a lawsuit filed by the Office of the Attorney General (OAG) alleging years of violations of DC's water pollution laws at its Ward 5 storage and maintenance yard. Under a Consent Order filed with the Court today, Fort Myer must also submit progress reports to the District for three years and will face additional monetary penalties if it fails to comply with the terms of the agreement.

"We sued Fort Myer because it flouted DC laws and polluted DC waterways for years, threatening the health and safety of DC residents," said Attorney General Schwalb. "In addition to holding Fort Myer accountable for the damage it caused, this agreement ensures the company makes much-needed and long overdue changes to its equipment and business practices to protect the District, our environment, and our residents moving forward."

OAG sued Fort Myer in 2024, alleging that, over the course of nearly a decade, it had allowed polluted runoff from its Ward 5 storage and maintenance yard (2237 33rd Street NE) to flow into District waterways-including Springhouse Run, a stream that flows through the National Arboretum into the Anacostia River. The complaint detailed how, since 2015, the District's Department of Energy and Environment (DOEE) repeatedly inspected Fort Myer's facility and issued multiple notices of infraction, warnings, and orders directing Fort Myer to apply for a federally-required discharge permit. Despite these repeated enforcement actions, Fort Myer failed to adequately address conditions at its facility. Fort Myer continued to neglect maintenance at its property and persisted in its discharge of pollutants like petroleum, soap, salt, sediment, and other substances into DC's stormwater drainage system and DC waterways.

Under the terms of a Consent Order, Fort Myer will:

• Pay $450,000 to the District. This includes $225,000 that will go directly to DOEE's Water Quality Enforcement Fund.

• Make extensive improvements at its property to prevent future pollution. Pursuant to a negotiated Environmental Management Plan (EMP), Fort Myer must install new runoff control structures, drains, and filters, upgrade existing drainage infrastructure, remove decommissioned equipment and vehicles from its property, and make other changes to prevent future water pollution events. The company must also perform maintenance on its existing infrastructure.
  
• Submit data showing its progress to the District for three years. Fort Myer must conduct weekly compliance inspections, conduct laboratory tests of water quality from stormwater outfalls on the property, and submit monitoring photos taken during one rain event a month to DOEE. The company must submit monthly reports to the District describing actions taken the previous month, including, when applicable, lab test results, monitoring photos, and inspections.
  
• Face monetary penalties for any violations of the agreement. If Fort Myer fails to conduct required compliance inspections, water testing, photo monitoring, and specified equipment and facility improvements, it could face additional penalties for non-compliance with the settlement.

The Consent Order is available here.

The Environmental Management Plan is available here.

This matter was handled by Senior Assistant Attorney General David Hoffmann, Special Assistant Attorney General Lauren Cullum, Special Assistant Attorney General Shilpa Sadhasivam, Special Assistant Attorney General Lauren Marks, Assistant Chief of the Housing and Environmental Justice Section Michael Maurer, and Section Chief Joanna Wasik.

OAG's Environmental Protection Track Record & Enforcement Authority

OAG has a proven track record of protecting District residents from environmental harms and is committed to holding polluters accountable and standing up for communities impacted by environmental contamination. OAG's Housing and Environmental Justice Section investigates violations of local and federal environmental laws, and where appropriate, files lawsuits that seek to hold polluters responsible for the harm they caused, including by getting them to pay clean-up costs and make operational changes that benefit DC communities.

Over the past 10 years, OAG has secured over $120 million through both large and small environmental enforcement actions, including a $57 million recovery from Pepco for contaminating the Anacostia River for decades. OAG has also taken action against other major polluters of the Anacostia River, including the U.S. Government and DuPont; sued bus companies for routinely idling engines in violation of DC air pollution laws; sued pest control companies for improperly applying dangerous chemicals outside of apartment buildings; and filed suit against paving and auto repair companies for allowing water contaminated with used oil and other pollutants to flow from their properties into DC waterways.

Report Violations of Environmental Laws to OAG

DC residents can report environmental violations in the District-like illegal dumping, commercial vehicles idling their engines, and improper use of toxic pesticides-directly to OAG:

• Send a tip via email to [email protected]
• Call (202) 442-9828

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