Webster, Spurlock Add Storm Water Solutions to Lawsuit for Elm Grove Plaintiffs
On December 17, 2020, Jason Webster and Kimberley Spurlock, lawyers for the plaintiffs in the 2019 Elm Grove lawsuits, added a ninth defendant in their eighth amended petition. The defendant is Storm Water Solutions, LLC at 16110 Hollister Street in Houston.
Complete List of Defendants
Defendants now include:
- Developers:
- Perry Homes, LLC
- Figure Four Partners, LTD
- PSWA, Inc.
- Concourse Development, LLC
- Contractors:
- Rebel Contractors, Inc.
- Double Oak Construction, Inc.
- Texasite LLC
- LJA Engineering, Inc.
- Storm Water Solutions, LLC
Who Was Responsible for What and When
The eighth amended petition provides an overview of who allegedly did what and when, before Elm Grove flooded on May 7th and September 19th last year when water from Woodridge Village invaded Elm Grove and flooded up to 600 homes.
The developer defendants hired LJA, which had prepared the drainage plans for Woodridge Village, to prepare bid documents, plans and specifications, all of which required a stormwater pollution prevention plan (SWPPP) for all potential contractors. The developer defendants and LJA, through the municipal utility district, hired Rebel, Double Oak, and Texasite. Rebel and Double Oak then obtained the necessary permits for the SWPPP.
Bombshell Allegations
Here’s where it gets interesting. Sometime after that, the developers hired Storm Water Solutions to implement the SWPPP. However, they allegedly told Rebel and Double Oak that they did not have to comply with the specifications in the SWPPP.
One day after the May 7th flood, the developers hired Concourse to inspect the detention ponds on the development. Plaintiffs allege that Concourse did not advise the developer defendants to makes any changes. The plaintiffs also contend that ALL defendants failed to comply with the SWPPP. The TCEQ cited both Rebel and Double Oak for violations of their permits after the May 7th flood for failure to install sediment controls.
The suit alleges that the developer defendants failed to supervise and ensure Storm Water Solutions complied with the SWPPP.
Specific Allegations against Storm Water Solutions in Lawsuit
Storm Water Solutions website claims the company provides “complete storm water regulatory compliance to land developers, commercial and residential builders, general contractors, and utility districts.”
But in Count 10, Paragraph 76, the suit charges Storm Water Solutions with Negligence, Negligence Per Se and Gross Negligence for both the May and September floods. Specifically, the alleged negligence includes failing to:
- Create an adequate storm water pollution prevention plan;
- Implement a storm water pollution prevention plan;
- Comply or follow the Storm Water Pollution Prevention Plan;
- Install reinforced filter fabric fences around the Development;
- Install adequate reinforced filter fabric fences around the Development;
- Comply with Texas Pollutant Discharge Elimination System Construction General Permit No. TXR150000;
- Supervise the Contractor Defendants’ compliance with the Storm Water Pollution Prevention Plan;
- Enforce the provisions of the Storm Water Pollution Prevention Plan;
- Enforce and/or implement the best management practices under the Storm Water Pollution Prevention Plan for the Development;
- Implement the proper control measures on the Development;
- Ensure a sedimentation basin was constructed at the Development;
- Inspect the Development for failure to comply with the Storm Water Pollution Prevention Plan;
- Modify the best management practices after the May 7, 2019 occurrence;
- Comply with the plans and specifications for the Development;
- Pay proper attention;
- Provide notice or warning; and,
- Coordinate activities and/or conduct.
It also alleges they allowed:
- Storm water runoff into Plaintiffs’ properties;
- Discharge of storm water from the Development.
Stormwater Pollution Prevention Plan Requirements, Objectives
The EPA provides this easy to follow document about what a SWPPP should include. SWPPP requirements include a site map, description of pollutant sources, controls to reduce pollutants, and maintenance and inspection procedures. Plans should also describe who:
- Is on the stormwater pollution prevention team?
- Will install structural stormwater controls?
- Will supervise and implement good housekeeping programs, such as site cleanup and disposal of trash and debris, hazardous material management and disposal, vehicle and equipment maintenance, and so on?
- Will conduct routine inspections of the site to ensure all BMPs are being implemented and maintained?
- Will maintain the BMPs?
- Is responsible for documenting changes to the SWPPP?
- Is responsible for communicating changes in the SWPPP to people working on the site?
Plan objectives typically include:
- Site stabilization ASAP
- Protecting slopes and channels
- Promoting infiltration of stormwater
- Controlling the perimeter of the site
- Protecting receiving waters adjacent to the site (Taylor Gully)
- Following pollution prevention measures.
- Minimizing the area and duration of exposed soils.
For the complete text of the Eighth Amended Petition, click here.
Posted by Bob Rehak on 12/25/2020 with thanks to Jim Zura
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The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
