Source: The Independent - State Department of Environment Conservation officials said the violations occurred because the company began work without putting in place proper erosion control and sediment control measures, as specified in Widewaters' own stormwater pollution prevention plan.  Also, the company had not secured written permission to disturb more than 5 acres when almost 40 acres of soil were disturbed and left vulnerable to erosion.  "We've had some problems that we are addressing," Widewaters representative Marco Marzocchi told The Independent Monday. "We're doing what we need to do to ensure that the site is stabilized.  "It's important to note that there has been no harm done to the environment," he said.     

But there might have been, says DEC: "Widewaters exhibited a blatant disregard for the stormwater regulations of the state and created the potential for a significant water-quality violation," DEC Region 4 Director Gene Kelly said in a press release. "Luckily, we had a long stretch of dry weather which averted any significant turbid discharges to the nearby Claverack Creek.  "The magnitude of this penalty, which is the largest stormwater penalty in the state's history, reflects the seriousness with which DEC views violations of this sort," wrote Mr. Kelly.   As part of the settlement with DEC, Widewaters must hire an independent inspector, in addition to the required daily inspector, to monitor the construction site at least twice every seven days to ensure compliance with the stormwater pollution prevention plan. The inspector must compile and submit to DEC a weekly report detailing compliance with all applicable laws and regulations.  Greenport Commons is a 560,000-square-foot retail center on the east side of Route 9 designed to include three big-box and several smaller retail stores. Thus far, only a Wal-Mart Super Center is a committed occupant.