Settlement Reached on CDOT Stormwater Violations
Friday, Oct. 24, 2008 - DENVER - The Water Quality
Control Division of the Colorado Department of Public Health
and Environment and the Colorado Department of
Transportation have reached a settlement totaling $506,385
for stormwater violations that were identified at highway
construction projects in 2005 and 2007.
The settlement covers stormwater permit discharge and
procedural documentation violations that occurred on 11
construction projects statewide.
“More than the settlement dollars that will be used on
environmentally beneficial projects, we are most pleased
with construction process changes that will help to ensure
such highway construction stormwater violations are
eliminated or minimized in the future,” said Jim Martin,
executive director of the Department of Public Health and
Environment.
“The good news for Coloradans is that we will now have
additional processes in place that will ensure the use of
best management practices in order to minimize erosion and
to prevent material spills at construction project sites,”
said Russell George, executive director of the Department of
Transportation. “Many new programs, processes and operating
procedures have been developed in the past three years to
accomplish water quality and erosion control goals and this
settlement is part of our commitment toward improving our
overall management of environmental issues.”
It should be noted that over the last decade, CDOT has
been working to improve the Department’s environmental
performance and has been recognized nationally for
innovative and progressive environmental activities. CDOT
was the first agency in Colorado to require certified
erosion control supervisors for all construction projects
and even worked to develop a certification course. Beyond
water quality, CDOT has been proactive in partnering with
regulatory and conservation agencies such as the U.S. Fish
and Wildlife Service and The Nature Conservancy to protect
declining species in eastern Colorado. In the western part
of the state, innovative measures are being studied to find
ways to reduce the risk of animal/vehicle collisions.
In addition to the monetary settlement, CDOT also will
require its engineers and other employees who are involved
in project design, oversight and maintenance related to
stormwater drainage to attend stormwater training courses
that will include instruction on best management practices
for construction design and maintenance. CDOT also will
develop and deliver comprehensive classroom and field
training to its contractors statewide.
The settlement requires CDOT to hire six “water pollution
control managers,” one for each of CDOT’s six geographic
regions of the state, who will be responsible for conducting
environmental and pre-construction meetings at each of
CDOT’s construction projects. In addition, the managers will
conduct monthly inspections of the projects in their region.
Daily inspections by project personnel also will be
required.
The settlement requires CDOT to develop procedures for
the implementation of a stormwater compliance evaluation
program for its contractors that will include repercussions
and disincentives for environmental noncompliance by its
contractors. Additionally, CDOT will develop job performance
measures related to erosion control and overall
environmental compliance that will be included in its
year-end performance evaluations for internal employees.
The $506,385 settlement will be directed to Supplemental
Environmental Projects to improve environmental and public
health protection efforts in the state. The five projects
are:
- CDOT will construct a Best Management Practices
Field Training Facility to train construction companies,
contractors, consultants, municipalities or other
related organizations and individuals on the proper
purpose, use, installation and maintenance of erosion
and sediment control practices. CDOT’s total expenditure
on this project shall not be less than $326,000.
- CDOT will translate its “Erosion Control and
Stormwater Quality Field Guide” to Spanish and shall
print and distribute at least 1,000 copies of the
Spanish version of the guide to workers. CDOT’s total
expenditure on this project shall not be less than
$28,385.
- CDOT will provide $25,000 to the Colorado Governor’s
Energy Office to pay for the state’s membership fee to
The Climate Registry, a nonprofit partnership developing
an accurate, complete, consistent and transparent
greenhouse gas emissions measurement protocol that is
capable of supporting voluntary and mandatory greenhouse
gas emission reporting policies for its members.
- CDOT will provide $100,000 to the Regional Air
Quality Council to be used for the council’s Ozone
Reduction Strategy Vehicle Scrappage Program - commonly
referred to as “Cash for Clunkers” - for the purchase
and disposal of at least 100 high-volatile organic
compound and nitrogen oxide emitting automobiles.
- CDOT will provide $27,000 to the Denver Regional
Council of Governments and/or the North Front Range
Metropolitan Planning Organization. The funds will be
used to develop and provide transportation and modeling
forecasts, which will enhance capacity for future
conformity determinations for the North Front Range
Metropolitan Planning area and the Upper Front Range
Transportation Planning Region, in order to accurately
model the transportation network in these two areas.
This effort also will enhance knowledge of vehicular
emissions in the Estes Park and Rocky Mountain National
Park areas, as that information might relate to nitrogen
deposition plan strategies being pursued in those areas
by state and federal agencies.
Following a required 30-day period public comment, it is
anticipated the settlement would be finalized in early
December.
For more information about the 11 road construction
projects covered by the settlement, the permit violation and
the supplement environmental projects to be funded, the
entire Compliance Order on Consent can be viewed at
http://www.cdphe.state.co.us/wq/enforcement/2008/2008Stormwater/CDOT_10_23_08.pdf
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