EPA v. Gowan Construction Inc and North Dakota DOT

Case summary

THIS ADMINISTRATIVE COMPLAINT AND NOTICE OF OPPORTUNITY FOR HEARING IS ISSUED TO GOWAN CONSTRUCTION AND NORTH DAKOTA DEPARTMENT OF TRANSPORATION FOR VIOLATING VARIOUS PROVISIONS OF NORTH DAKOTA'S GENERAL PERMIT REGARDING DISCHARGES OF STORM WATER ASSOCIATED WITH CONSTRUCTION ACTIVITY. EPA has issued an Administrative Penalty Order (APO) to North Dakota Department of Transportation (NDDOT) and Gowan Construction for discharging in violation of a NPDES permit. The complaint alleges that the Respondents (1) failed to develop and maintain an adequate SWPPP and site map, (2) failed to implement and maintain stormwater BMPs, and (3) failed to conduct adequate inspections at the required frequency, during the construction of the I-29 “Harwood” highway repaving project near Fargo, North Dakota. As NDDOT is the owner of the property, and Gowan Construction the contractor operating at the site, EPA is issuing an Administrative Penalty Order to both parties to address the inspection findings. On June 12, 2012, EPA, Gowan Construction and NDDOT settled the APO. NDDOT has agreed to periodically review stormwater pollution prevention plans created for the department’s projects, inspect active construction sites, and continue to provide stormwater training opportunities for its contractors.

Defendants (2)

• Gowan Construction IncNamed in complaintNamed in settlement
• North Dakota Department of TransportationNamed in complaintNamed in settlement

Facilities (1)

• GOWAN CONSTRUCTION - I-29 HARWOOD

  2011 1ST AVENUE, SE, FARGO, ND, 58103

  Registry ID: 110043259639

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• Gowan Construction Inc and North Dakota DOTentered 2012-06-12

  Primary law: CWA

  Federal penalty: $40,000

Timeline (4 milestones)

• 2011-09-30Complaint Filed/Proposed Order
• 2011-09-30Enforcement Action Data Entered
• 2012-06-12Final Order Issued
• 2013-06-11Enforcement Action Closed