EPA v. CALTRANS - DISTRICT 11

Case summary

REGION IX REFERRED A CIVIL ENFORCEMENT CASE AGAINST CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) TO THE DEPARTMENT OF JUSTICE FOR VIOLATIONS OF THE CLEAN WATER ACT'S STORM WATER REQUIREMENTS IN SAN DIEGO COUNTY. STORM WATER DISCHARGES FROM CALTRANS' ROADWAYS AND CONSTRUCTION ACTIVITIES ARE SUBJECT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITTING REQUIREMENTS PURSUANT TO SECTION 402(P) OF THE CLEAN WATER ACT, 33 U.S.C. SECTION 1342(P) AND 40 C.F.R. SECTION 122.26. THIS REFERRAL CONCERNS TWO TYPES OF VIOLATIONS. ONE FOCUSES ON STORM WATER DISCHARGES FROM ROADWAYS AND ONE FOCUSES ON STORM WATER DISCHARGES FROM CONSTRUCTION SITES. CALTRANS ROADWAYS FALL WITHIN THE DEFINITION OF MUNICIPAL SEPARATE STORM SEWER SYSTEMS AND ARE REQUIRED TO OBTAIN AN NPDES STORM WATER PERMIT. CALTRANS HAS BEEN VIOLATING SECTION 301(A) OF THE CWA BY DISCHARGING STORM WATER FROM ITS ROADWAYS LOCATED IN SAN DIEG COUNTY WITHOUT AN MS4 NPDES PERMIT. CALTRANS' STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITY ARE ALSO SUBJECT TO STORM WATER PERMITTING REQUIREMENTS. CALTRANS HAS BEEN VIOLATING THE CALIFORNIA GENERAL NPDES PERMIT FOR DISCHARGES OF STORM WATER RUNOFF ASSOCIATED WITH CONSTRUCTION ACTIVITY. THE GENERAL PERMIT VIOLATIONS HAVE OCCURRED AT VARIOUS CONSTRUC- TION SITES THROUGHOUT THE CALTRANS DISTRICT 11 IN SAN DIEGO COUNTY. THIS LITIGATION IS BEING REFERRED ON AN EXPEDITED BASIS BECAUSE A CITIZEN SUIT COMPLAINT HAS ALREADY BEEN FILED WITH THE FEDERAL DISTRICT COURT. THE GOVERNMENT ANTICIPATES FILING A COMPLAINT TO INTERVENE IN THIS ACTION AS SOON AS POSSIBLE, AND WILL BE SEEKING INJUNCTIVE RELIEF AND PENALTIES.

Defendants (1)

• CALIFORNIA DEPARTMENT OF TRANSPORTATIONNamed in complaintNamed in settlement

Facilities (1)

• CALTRANS DISTRICT 11

  2829 JUAN ST, SAN DIEGO, CA, 92110

  Registry ID: 110002676961

Statutes cited

• CWA 308 — Information Request, Records, Entry
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CALIFORNIA DEPARTMENT OF TRANSPORTATION, DISTRICTentered 1998-03-11

  Primary law: CWA

  Federal penalty: $430,000 · SEP: $380,000

Timeline (7 milestones)

• 1995-02-01Enforcement Action Data Entered
• 1996-09-30Referred To Dept Of Justice
• 1997-01-09Complaint Filed With Court
• 1997-12-17Final Order Lodged
• 1998-03-11Final Order Entered
• 2011-03-11Enforcement Action Closed
• 2011-03-11Concluded