EPA v. ODOT SR 27 Indian Creek (ACOC)

Case summary

On December 5, 2014, Region 5 signed a Consent Agreement and Final Order (CAFO) (CWA-05-2015-0001) with the Ohio Department of Transportation (ODOT), commencing and concluding an action alleging violations of Section 404, 33 U.S.C. ? 1344, and Section 301 of the Clean Water Act, 33 U.S.C. ? 1311, by discharging pollutants into waters of the United States, as defined at 40 C.F.R Part 232, at a site without a permit from the Army Corps of Engineers. The CAFO alleges that ODOT excavated sediment to create a diversion channel within Indian Creek at the Site. The excavated material was used to create a berm along the outside edge of the created diversion channel. A contractor, acting as an agent under contract with the Respondent, using excavators and bulldozers, placed large rocks along Indian Creek in order to stabilize the bank along State Route 27 and enhance and expand the diversion berm within the stream bed of Indian Creek. The purpose of the project was to divert Indian Creek away from State Route 27. The activities of the Respondent resulted in the discharge of sediment and rock that impacted approximately 925 linear feet of Indian Creek. After conferring with EPA representatives ODOT agreed to pay a penalty of $16,000. In a separate Administrative Compliance Order on Consent (V-404-AO-14-02), finalized on October 6, 2014, ODOT has agreed to restore parts of the stream and provide mitigation of Indian Creek for impacts incurred at the site.

Defendants (1)

• Ohio Department of TransportationNamed in settlement

Facilities (1)

• ODOT CENTER

  1980 W BROAD ST, COLUMBUS, OH, 43223

  Registry ID: 110024257828

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• ODOT SR 27 Indian Creekentered 2014-10-06

  Primary law: CWA

Timeline (3 milestones)

• 2014-10-06Final Order Issued
• 2015-03-03Enforcement Action Data Entered
• 2020-05-22Enforcement Action Closed