EPA v. DELAWARE DEPARTMENT OF TRANSPORTATION (ELKTON)

Case summary

On March 12, 2024, the Division Director of ECAD, EPA R3 issued a Consent Agreement and Final Order ( CAFO ) under Section 309(a) of the Clean Water Act ( CWA or Act ), 33 U.S.C. 1319(a), to Delaware Department of Transportation (DelDOT) for violations of its National Pollutant Discharge Elimination System (NPDES) permit under the General Permit Authorization for Discharges from Construction Activities in Delaware (NPDES Permit No. 0051268). The violations were discovered during June 2019 inspections at four different construction sites: Elkton Road, a 38-acre site located at Elkton Road and Casho Mill Road (roadway reconstruction and expansion); Mulberry, a 12-acre site located at Mulberry Knoll Road to Lexus Way (expansion to 4-lane road); Georgetown, a 22.8 acre site located at the intersection of Sand Hill Road and Market Street on Route 9 (pavement rehab and road widening); and Claymont, a 3.8-acre site located at the Claymont Regional Transportation Center (construction of roadway entry). Violations include: 1) failure to post a notice of coverage under the permit; 2) failure to properly maintain stormwater controls; 3) failure to properly implement erosion and sediment control requirements; 4) failure to properly implement pollution prevention requirements; and 5) an incomplete stormwater pollution prevention plan. These failures constitute a violation of Section 301(a) of the CWA, 33 U.S.C. 1311(a), and of the NPDES General Permit for Discharges of Stormwater from Construction Activities (Permit). Respondent has agreed to pay $25,000 for its violations and perform corrective measures under an Administrative Order on Consent, EPA Docket No. CWA-03-2024-0016DN.

Defendants (1)

• DELAWARE DEPARTMENT OF TRANSPORTATIONNamed in complaintNamed in settlement

Facilities (5)

• GEORGETOWN EAST GATEWAY IMPROVEMENTS

  MARKET STREET AND AIRPORT ROAD, BRIDGEVILLE, DE, 19993

  Registry ID: 110071076100

• ELKTON

  940 ELKTON ROAD, NEWARK, DE, 19971

  Registry ID: 110071537705

• ELKTON

  940 ELKTON ROAD, NEWARK, DE, 19971

  Registry ID: 110071077132

• SR 24 MULLBERRY KNOLL TO SR 1

  JOHN J WILLIAMS HIGHWAY, REHOBOTH, DE, 19971

  Registry ID: 110071074858

• CLAYMONT REGIONAL TRANSPORTATION CENTER

  PHILADELPHIA PIKE, CLAYMONT, DE, 19703

  Registry ID: 110071073939

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• DELAWARE DEPARTMENT OF TRANSPORTATION (ELKTON)entered 2024-03-12

  Primary law: CWA

  Federal penalty: $25,000

Timeline (5 milestones)

• 2024-03-12Final Order Issued
• 2024-03-12Complaint Filed/Proposed Order
• 2024-03-21Enforcement Action Data Entered
• 2024-04-24Enforcement Action Closed
• 2024-04-24NPDES Closed