EPA v. RHODE ISLAND DOT

Case summary

The entry of this consent decree completes a civil enforcement action against the Rhode Island Department of Transportation (RIDOT) in Providence, RI, for Clean Water Act (CWA) violations. It includes injunctive relief and civil penalties under Sections 309(b) and (d) of the CWA, based on Defendant's violations of the terms and conditions of a permit issued pursuant to Section 402 of the CWA, 33 U.S.C. 1342, and Section 301 of the CWA, 33 U.S.C. 1311. RIDOT has violated its small MS4 permit in a number of respects, including by: (1) failing to conduct the required catchment area assessments and to implement storm water pollution controls required by applicable TMDL determinations; (2) failing to amend its Storm Water Management Program Plan (SWMPP) in response to applicable TMDLs; (3) failing to implement the storm water controls necessary to control the discharge of pollutants of concern to water-quality impaired waters to the Maximum Extent Practicable (MEP); (4) failing to conduct timely illicit discharge detection and elimination (IDDE) investigations based upon evidence of illicit discharges; (5) failing to conduct adequate street sweeping and inspection/cleaning of catch basins; and (6) failing to conduct winter/spring dry weather discharge screening. The CD includes specified injunctive relief including: a program to retrofit RIDOT roadways for stormwater controls to address impaired waters, including those with TMDLs; a program to screen outfalls and investigate potential sources of illicit discharges; and a program of maintenance and cleaning of roads and stormwater infrastructure to reduce pollutant discharge.

Defendants (1)

• RHODE ISLAND DOTNamed in complaintNamed in settlement

Facilities (1)

• RHODE ISLAND DEPARTMENT OF TRANSPORTATION

  TWO CAPITOL HILL, PROVIDENCE, RI, 02903

  Registry ID: 110041922373

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• RHODE ISLAND DOTentered 2015-12-22

  Primary law: CWA

  Federal penalty: $315,000 · SEP: $234,600

Timeline (7 milestones)

• 2012-10-23Enforcement Action Data Entered
• 2013-06-28Referred To Dept Of Justice
• 2013-06-28Referred To Headquarters
• 2015-10-15Final Order Lodged
• 2015-10-15Complaint Filed With Court
• 2015-12-22Concluded
• 2015-12-22Final Order Entered