Cleanwater Consulting Qualifications Page

ABOUT THE COMPANY

Cleanwater Consulting was founded by R. Lar Thomas in 2003. Mr. Thomas has been a lawyer licensed in all courts in the State of New Mexico for over 16 years. His practice focused mainly on construction and environmental law for the past 12 years. Mr. Thomas also holds a GB-98 contractor's license, and has been involved with the construction industry at various levels since 1980. He founded Cleanwater Consulting to assist Owners, Developers, and Contractors in maintaining compliance with the Clean Water Act and the National Pollutant Discharge Elimination System (NPDES).

Cleanwater Consulting is not involved in the practice of law, rather, we operate as a consulting company to train and educate. We offer a one-day training course that serves to inform attendees about these federally mandated programs and provides training for competent persons who will then be qualified to conduct Storm Water Pollution Prevention Plan (SWPPP) inspections. In addition, we offer half-day superintendent/review seminars. We also draft SWPPPs for private and public projects, and conduct SWPPP and field audits.

Clean Water Consulting of Arizona is an affiliate of Cleanwater Consulting, a New Mexico corporation. Clean Water Consulting of Arizona exists to assist Arizona Owners, Developers, and Contractors in maintaining compliance with the Clean Water Act and the Arizona Pollutant Discharge Elimination System (AZPDES).

This page contains a summary of the NPDES training and experience that Cleanwater Consulting possesses as a result of Mr. Thomas' association with the company.

TRAINING

Environmental Management Systems Workshop, Associated General Contractors of America (AGC), Washington, D.C., December 6-7, 2004

Storm Water Pollution Prevention Plans, Associated General Contractors of America (AGC), April 30, 2004

Storm Water Pollution Prevention Plans for Construction Sites, Associated General Contractors of America (AGC), February 28, 2003

Water 101: From Snowfall to Tap, National Association of Industrial Office Properties (NAIOP), Spring, 2003

NPDES Construction Storm Water Permitting by Associated General Contractors of America (AGC) & amec, October 18, 2002

EPA Stormwater Competent Person Training, NMSH & TD, and ACNM, June, 2002

Overview of Federal Storm Water Program: Storm Water Compliance Guide to the State of New Mexico, Associated General Contractors of America (AGC), Spring 2002

AGC/EPA Regional Environmental Seminar, Houston Texas, Feb. 12 & 13, 2002

COMPETENT PERSON COURSES TAUGHT

Over 50 Competent Person Courses taught in Albuquerque, Las Cruces, Santa Fe, Farmington, Ruidoso, and other locations for both New Mexico and Arizona companies.

COMPLIATIONS/PRESENTATIONS

Various published and unpublished news articles on compliance issues related to NPDES. 2007

Created three different presenations for: 1) Owners, Developers, and Contractors; 2) Architects and Engineers; and 3) Field Inspectors. 2006

Revised SWPPP PowerPoint Presentation for day-long seminar. August, 2005

Revised SWPPP PowerPoint Presentation for training inspectors and field superintendents. July, 2005

Environmental Management Systems PowerPoint Presentation for Associated General Contractors, New Mexico Builders Branch. March, 2005

Acknowledgement of SWPPP Notification for Subcontractors and Suppliers, March, 2005

SWPPP Information and Checklist. June, 2001 (revised July, 2003, April, 2004, August, 2004 and December 2004 for implementation of new NPDES Permit effective July 1, 2003 and new regulations for New Mexico)

SWPPP PowerPoint Presentation for training for inspectors to implement best management practices on job sites subject to NPDES coverage under the National Clean Water Act. March, 2003 Revised July, 2003, April, 2004, August, 2004, October 2004, and January, 2005)

SWPPP Manual outlining requirements and BMPs. March, 2003

SWPPP Panel Discussions (numerous) through Association of General Contractors (AGC), National Association of Industrial and Office Properties (NAIOP), New Mexico Home Builders Association (NMHBA) and many other trade and governmental organizations. Topics include Primacy for New Mexico and Implementation of SWPPPs

CLEAN WATER ACT/SWPPP LITIGATION

U.S. Environmental Protection Agency vs. Wal-Mart Stores, Inc., October, 1999 to July, 2001.

R. Lar Thomas successfully negotiated participation in a Consent Decree when USEPA, through the Justice Department, made allegations of violations of Clean Water Act by not having required Storm Water Pollution Prevention Plans in 17 construction locations in Texas, New Mexico, Oklahoma and Massachusetts. This was the first federal enforcement action against a company for multi-state violations for the Act’s storm water provisions. At the time, Mr. Thomas was representing a large New Mexico general contractor who constructed the Westside Albuquerque Wal-Mart Store during the period of time when the 1993 Construction General Permit had expired, making the general contractor’s position unique to the other contractors joined in the enforcement action by Wal-Mart.

Wal-Mart Stores, Inc. ultimately agreed to pay a $1,000,000 penalty and to participate in injunctive relief with a value of $4,500,000, which required Wal-Mart to implement a Storm Water Management Plan to increase compliance at each of its construction sites nationwide by additional site inspections, record keeping, reporting and training among other things. The Consent Decree covered nine other general contractors in addition to Mr. Thomas' client and no liability attached to any contractor.

U.S. Environmental Protection Agency vs. (General Contractor) and (Development Company), March, 2004.

Mr. Thomas represented a General Contractor and Developer before the Chief Enforcement Officer, EPA, Dallas for allegations of NPDES violations by EPA. Hearing held March 19, 2004 with favorable results.

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