EPA v. ALABAMA DEPARTMENT OF TRANSPORTATION, BUTTERMILK ROAD PROJECT (AL-DOT)

Case summary

1/21/10 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. AT ALL TIMES RELEVANT TO THIS ACTION, ALDOT OWNED AND/OR OPERATED A CONSTRUCTION SITE KNOWN AS THE BUTTERMILK ROAD PROJECT, A 2.2 MILE PROJECT LOCATED AT COUNTY ROAD 85, NORTH OF COUNTY ROAD 37, TO 0.3 MILES NORTH OF I.59 AT COUNTY ROAD 1481, IN TUSCALOOSA, AL. ON OCT 15, 2009, EPA IN CONJUNCTION WITH ADEM PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI) AT ALDOT'S DEVELOPMENT. DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: A. THE CBMPP WAS NOT CURRENT AND UP TO DATE FOR THE CONDITIONS THAT EXISTED AT THE SITE. THE CBMPPP NEEDED RE-EVALUATION FOR BMPs FOR INLET/OUTLET PROTECTION, A SEDIMENT TRAP AND/OR DIVERSION STRUCTURE AT SEDIMENT BASIN D, CHECK DAMS AT STA #1-2, ADDITIONAL RIP RAP AT THE STORM DRAIN NORTH OF SEDIMENT BASIN B, AND ADDITIONAL SEEDING. B. BMPs WERE NOT FULLY IMPLEMENTED, MAINTAINED OR EFFECTIVE IN PREVENTING SEDIMENT DISCHARGE AND TO MINIMIZE ADVERSE IMPACTS. THE ROAD CROSSING/STORM PIPE EXTENSION NEAR BRADFORM LANE WAS ALLOWING SEDIMENT LOSS INTO A STORMWATER DITCH CONNECTED TO A STORM WATER SYSTEM WHICH DISCHARGES INTO AN UNNAMED TRIBUTARY AND THEN TO COTTONDALE CREEK. C. REMEIDATION OF OFF-SITE SEDIMENTATION, AND MEASURES TO PREVENT OR MINIMIZE SEDIMENT DISCHARGE TO THE MAXIMUM EXTENT PRACTICABLE WERE NOT TAKEN. SEDIMENT WAS OBSERVED IN THE UNNAMED TRIBUTARY TO COTTONDALE CREEK BELOW SEDIMENT BASIN D. ORDER REQUIRES: A. WITHIN 30 CALENDAR DAYS, REVISED, SUBMIT AND IMPLEMENT A CBMPP DEPICTING CURRENT SITE CONDITIONS THAT MEETS THE REQUIREMENTS OF THE PERMIT REGULATIONS. B. IMMEDIATLY, FULLY IMPLEMENT AND/OR MAINTAIN BMPs, AND PREVENT SEDIMENT DISCHARGES TO MINIMIZE ADVERSE IMPACTS. WITHIN 30 DAYS, SUBMIT DOCUMENTATION DEMONSTRATING THAT THIS REQUIREMENT HAS BEEN MET. C. IMMEDIATELY, REMEDIATE OFF-SITE SEDIMENTATION, AND TAKE MEASURES TO PREVENT OR MINIMIZE SEDIMENT DISCHARGE TO THE MAXIMUM EXTENT PRACTICABLE. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET.

Defendants (1)

• ALABAMA DEPARMENT OF TRANSPORTATIONNamed in settlement

Facilities (1)

• ALDOT ST-063-999-10 (BUTTERMILK ROAD)

  CR85 (BUTTERMILK ROAD), TUSCALOOSA, AL, 35405

  Registry ID: 110064627685

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• ALABAMA DEPARTMENT OF TRANSPORTATION, BUTTERMILK ROAD PROJECT (AL-DOT)entered 2010-01-21

  Primary law: CWA

Timeline (4 milestones)

• 2010-01-21Final Order Issued
• 2010-02-18Enforcement Action Data Entered
• 2011-01-01NPDES Closed
• 2011-01-01Enforcement Action Closed