EPA v. MISSISSIPPI DEPARTMENT OF TRANSPORTATION, STATE ROUTE 19 (MDOT, SR 19)

Case summary

11/5/09 - ADMINISTRATIVE ORDER ISSUED. ON JUNE 15, 2009, EPA'S CONTRACTOR AND MDEQ PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI) AT MDOT'S DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORM WATER. DURING THE CSWEI, EPA'S CONTRACTOR OBSERVED THE FOLLOWING: A. THE SWPPP DID NOT INCLUDE THE TIMING OF ALL MAJOR LAND-DISTURBING ACTIVITIES WITH APPLICABLE CONTROL MEASURES, AS REQUIRED BY SECTION ACT6 CONDITION T-9 OF THE PERMIT. B. TRENCHES HAD BEEN CUT AROUND THE SEDIMENT PONDS AT TALLASHUA CREEK APPROX 2 WEEKS PRIOR TO THE CSWEI, AND CAUSED STORM WATER RUNOFF TO CIRCUMVENT SILT FENCING AND CHECK DAMS; NO OTHER BMPs WERE IMPLEMENTED TO PREVENT EROSION. VEHICLE TRACKS AND SEDIMENT WERE OBSERVED IN TALLASHUA CREEK. OTHER SILT FENCING WAS NOT PROPERLY INSTALLED. MDOT FAILED TO TAKE REASONABLE STEPS TO PREVENT SEDIMENT DISCHARGES, AND FAILED TO PROPERLY INSTALL BMPs, AS REQUIRED BY SECTION ACT6, CONDITIONS T-2(4), T-2(5), AND T-3(2); SECTION ACT7 CONDITIONS S-1(5) AND S-1(6) AND SECTION AT11 CONDITION T-2 OF THE PERMIT. C. BMPs WERE NOT IN PACE BEFORE CLEARING A GRADING NEAR THE BANKS OF THREAT BRANCH WHICH EXPOSED BARE SOIL NEXT TO THE CREEK. SEDIMENT WAS OBSERVED IN THREAT BRANCH. MDOT FAILED TO TAKE REASONABLE STEPS TO PREVENT SEDIMENT DISCHARGES, AND FAILED TO MAKE SURE ALL BMPs WERE IN PLACE BEFORE COMMENCEMENT OF CONSTRUCTION AS REQUIRED BY SECTION ACT7 CONDITIONS S-1(2) AND S-1(5) AND S-1(6); AND SECTION ACT11 CONDITION T-2 OF THE PERMIT. D. TRENCHES HAD BEEN CUT AROUND THE SEDIMENT PONDS AT TALLASHUA CREEK APPROX 2 WEEKS PRIOR TO THE CSWEI, AND MDOT FAILED TO NOTIFY ORALLY OR IN WRITING OF THIS UNANTICIPATED NONCOMPLIANCE AS REQUIRED BY SECTION ACT 11 CONDITION T-18 OF THE PERMIT. ORDER REQUIRES: A. IMMEDIATELY, AMEND THE SWPPP TO INCLUDE THE TIMING OF ALL MAJOR LAND-DISTURBING ACTIVITIES WITH APPLICABLE CONTROL MEASURES. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. B. IMMEDIATELY, INSTALL ADDITIONAL BMPs TO PREVENT SEDIMENT FROM DISCHARGING INTO TALLASHUA CREEK AND/OR FILL IN THE DITCH THAT CIRCUMVENTS THE CHECK DAMS AND SILT FENCING; AND PROPERLY MAINTAIN AND/OR INSTALL BMPs INCLUDING THE SILT FENCING AROUND INLETS. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. C. IMMEDIATELY, INSTALL ADDITIONAL BMPs TO PREVENT SEDIMENT FROM DISCHARGING INTO THREAT BRANCH. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET.

Defendants (1)

• MISSISSIPPI DEPARTMENT OF TRANSPORTATIONNamed in settlement

Facilities (1)

• SR 19 - MDOT (BETWEEN LAUDERDALE COUNTY LINE LINE AND SR 492)

  SR 19, COLLINSVILLE, MS, 39325

  Registry ID: 110039021876

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• MISSISSIPPI DEPARTMENT OF TRANSPORTATION, STATE ROUTE 19 (MDOT, SR 19)entered 2009-11-05

  Primary law: CWA

Timeline (3 milestones)

• 2009-11-05Final Order Issued
• 2009-12-22Enforcement Action Data Entered
• 2010-01-01Enforcement Action Closed