EPA v. ODOT SR 327 (CAFO)

Case summary

2) On January 27, 2015, Region 5 signed a Consent Agreement and Final Order (CAFO) (CWA-05-2015-0004) 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 discharged ditch spoil into Salt Creek, along State Route 327 in Vinton County, Ohio (the site), without a permit from the Army Corps of Engineers. ODOT has agreed to pay a penalty of $35,000. In a separate Administrative Compliance Order on Consent (V-404-AO-15-05), which was finalized on February 26, 2015, ODOT has agreed to restore and provide mitigation for impacts at the site.

Defendants (1)

• Ohio Department of TransportationNamed in complaintNamed 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 327 (CAFO)entered 2015-01-27

  Primary law: CWA

  Federal penalty: $35,000

Timeline (4 milestones)

• 2014-12-01Complaint Filed/Proposed Order
• 2015-01-27Final Order Issued
• 2015-02-06Enforcement Action Closed
• 2015-03-03Enforcement Action Data Entered