Missouri's transportation department will pay a $750,000 civil penalty and create a statewide compliance program to settle allegations that it violated the federal Clean Water Act at two construction sites, one along U.S. 54 in Osage Beach, the Environmental Protection Agency said Wednesay.
The other site identified in separate EPA and MoDOT news releases is on U.S. 67 in Southeast Missouri between Coldwater and Silva.
In its news release, MoDOT said it also agreed to accept additional penalties if the consent decree is violated.
"We take environmental responsibility very seriously at MoDOT and have for many years," Assistant Chief Engineer Kathy Harvey said. "We have performance measures in place to track our compliance of federal and state law, and we are proud of our record.
"However, in these two extreme rain events five years ago, our policies and procedures failed to contain stormwater within the project limits."
The consent decree must be approved by the federal court after a 30-day comment period.
The EPA said its Lenexa, Kansas, Region 7 office launched inspections at both construction sites after some Osage Beach residents complained construction of the U.S. 54 Expressway in Camden County "resulted in the deposit of mud and sediment on nearby properties, and that water turbidity and associated sedimentation could harm aquatic life" in the Lake of the Ozarks and nearby streams.
"Road construction projects can generate significant quantities of stormwater runoff resulting in environmental damage if not properly managed," acting Region 7 administrator Mark Hague said.
The news release explained the EPA inspected the road construction sites in 2010 and 2011 "and documented serious erosion control issues at both sites, including failing to install or implement adequate stormwater control measures, neglecting to repair those that were installed, failing to develop a sufficient pollution prevention plan and update the plan as appropriate, and unsatisfactory record-keeping and self-inspections."
The EPA said its consent decree requires MoDOT to establish a stormwater compliance management structure that will increase its oversight of erosion control, including:
• A statewide stormwater compliance manager to oversee compliance throughout the state with stormwater issues.
• A stormwater compliance manager for each construction project.
• Environmental construction inspectors for each project.
• Implementation of an electronic stormwater compliance database to track the correction of any stormwater deficiencies that are identified during self-inspections.
The consent decree also requires a stormwater and sediment control training program for MoDOT employees and contractors' employees and oversight inspections by a third party - a consultant or MoDOT inspector not affiliated with the specific project.
The consent decree defines "environmentally sensitive areas" as those areas that provide critical habitat for threatened or endangered species, or those where the downstream water body is impaired by sediment.
"We take responsibility and are confident that the additional training and accountability that we will put in place with our employees and our contractor partners will result in heightened awareness of compliance with the Clean Water Act," MoDOT's Harvey said.
Although details were included in both the EPA's and MoDOT's news releases, the consent decree must be published in the Federal Register.
Once that happens, a copy of the consent decree will be available on the federal Justice Department website, at www.usdoj.gov/enrd/Consent_Decrees.html.