NEW: RIDOT Forced to Clean up Pollution and Clean Water Act Violations

Thursday, October 15, 2015

 

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United States Attorney Peter Neronha

The United States Department of Justice has taken comprehensive enforcement action to resolve years of significant noncompliance by the Rhode Island Department of Transportation with its obligations under the federal Clean Water Act and the permit that governs day-to-day operations of its stormwater drainage systems, United States Attorney Peter Neronha as well as Assistant Attorney General for the Environmental and Natural Resources Division of the Department of Justice John Cruden, and EPA Region 1 Administrator H. Curtis Spalding announced on Thursday.

“For nearly a decade, the Rhode Island Department of Transportation has ignored its obligation to the people of Rhode Island to protect the waterways of this state. Instead, through its neglect and indifference - through its failure to inspect and maintain its storm water run-off system – RIDOT has contributed to the pollution of those waters,” said United States Attorney Peter F. Neronha.

Complaint Filed

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The resolution is being carried out by the filing of a civil complaint in federal court in Providence and the lodging of a consent decree which requires RIDOT to begin efforts to repair, restore, and improve its systems to comply with the law immediately.

Read the Complaint HERE

The complaint filed today details four major areas in which the RIDOT failed to comply. The areas include taking steps to evaluate and address the impact of its systems on impaired waters, detecting and eliminating illicit connections and discharges of pollutants, inspecting, cleaning, and repairing its drainage systems and conducting adequate street sweeping to reduce the flow of contaminants.

“Today, with the filing of a complaint against RIDOT in federal court here in Providence and the entry of a consent decree between the United States and RIDOT, this will change.  Under the terms of the consent decree, RIDOT’s obligations are clear – it must change the way it does business.  It must do what it has repeatedly failed to do for years.  It must comply with the law – specifically, the Clean Water Act.  It must operate a storm water run-off system that protects, rather than harms, the environment.  This Office, and our partners at EPA and ENRD, will hold RIDOT accountable should it fail to live up to its obligations," Neronha added.

The consent decree filed with the court comes after over 14 months of detailed and comprehensive discussions initiated by the United States Attorney's Office and ENRD.

Whats Next for RIDOT

The RIDOT is now required to develop storm water control plans for groups of impaired water bodies that are near each other.

Also, the RIDOT will undertake a comprehensive program of sampling at locations where its systems drain into the environment to look for situations where third parties may have illicit connections to RIDOT storm sewers.

RIDOT must also take an inventory of its roads and parking lots and implement street sweeping and tracking system to ensure the roads are fully and regularly swept.

Lastly, RIDOT is required to file annual reports with EPA regarding its progress with all the requirements of the decree.

 
 

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