EPA v. Colorado Department of Transportation MS4

Case summary

Paragraph 71 of the AOC between the EPA and CDOT requires CDOT to provide the EPA and CDPHE with a written update of its process to escalate enforcement addressing chronic non-compliance by contractors and a mechanism to track chronic non-compliance. The original update was to have been provided by January 31, 2018. By January 31, 2019 and January 31, 2020, respectively, CDOT was to have provided the EPA and CDPHE with lists of chronic violators it had identified in 2018 and 2019 and the measures it had taken to address those violations. On August 9, 2018, the Colorado Division of Transportation Development, Standards and Specifications Unit (SSU) and Project Development Advisory Committee (PDAC) approved revisions to CDOT?s Standard Specifications, Subsection 208.09, which contained updates to the Construction Site Program with an escalation process to address chronic noncompliance by contractors. CDOT developed the ESCAN database to track chronic noncompliance by contractors. On January 31, 2019, CDOT did not submit a list of chronic violators and measures it had taken to address chronic violations during 2018. CDOT was not able to generate this information because Subsection 208.09 of its new Standard Specifications was not finalized until August 9, 2018 and the ESCAN 2.0 software used to track the findings was not ready until April 2019. On January 31, 2020, CDOT submitted a list of chronic violators and measures it had taken to address chronic violations during 2019. This report indicated that no site was in chronic non-compliance with the new CDOT?s Standard Specifications, Subsection 208.09. The report also indicated the C470 project contractor was a chronic violator and listed the measures taken to address the chronic non-compliance. In summary, CDOT submitted the 2019 list of chronic violators and measures it had taken to address chronic violations. EPA and CDOT amended the AOC to have CDOT submit a list of chronic violators and measures it has taken to address chronic violations for 2020 and 2021 to see how the escalation process to address chronic noncompliance by contractors is being implemented. The due dates for the report have been changed to April 1, 2021 and April 1, 2022 to align with the date the MS4 annual report is due to CDPHE. CDOT has developed a new software to use to track and address chronic noncompliance by contractors in 2021.

Defendants (1)

• Colorado Department of TransportationNamed in complaintNamed in settlement

Facilities (1)

• COLO DEPT OF TRANSPORTATION

  VARIOUS LOCATIONS, DENVER, CO, 00000

  Registry ID: 110064631796

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (2)

• Colorado Department of Transportation MS4entered 2021-03-03

  Primary law: CWA

• Colorado Department of Transportation MS4entered 2017-08-07

  Primary law: CWA

Timeline (4 milestones)

• 2017-08-18Enforcement Action Data Entered
• 2021-03-03Final Order Issued
• 2022-09-14Enforcement Action Closed
• 2022-09-14NPDES Closed