Sound Transit fined $66,000 for light rail water-quality violations

Washington State Department of Ecology

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Department of Ecology News Release - October 27, 2006

06-219

Sound Transit fined $66,000 for light rail water-quality violations

BELLEVUE - The Department of Ecology (Ecology) has fined the Central Puget Sound Regional Transit Authority (Sound Transit) $66,000 for water-quality violations along a 4½-mile section of its light rail line under construction between Seattle and Tukwila.

Ecology also issued an order directing the transit agency to make construction-practice changes with its contractor aimed at preventing stormwater problems from occurring again as the fall and winter rains arrive.

"The rainy season requires special vigilance and planning, especially with very difficult and complex water-quality challenges on this long, narrow project," said Dave Peeler, who manages Ecology's water quality program. "While we have worked closely with Sound Transit to help solve these problems - and will continue doing so - we need to take these additional steps because similar violations have continued to occur."

The penalty cited Sound Transit for 14 discharges amounting to 26 violations of project's construction stormwater permit between August 2005 and June 2006. Sound Transit self-reported each of the discharges as required by its permit.

Each of the discharges contained more silt than the permit allows. The silty water flowed off a work area, directly to Gilliam Creek and the Duwamish River, or ditches or streams that drain to them. Silt-laden water from construction sites presents a special hazard to salmon. When silt settles it can affect developing eggs. Suspended silt irritates the delicate gills of salmon.

Five of the violations took place at 42nd Avenue South, between State Route 518 and S. 154th Street, near the line's southern terminus, affecting Gilliam Creek.

Ecology's corrective-action order - which applies to the entire project - addresses a number of violations of the permit by Sound Transit's contractor along the project's Martin Luther King Jr. Way segment from October, 2004 through July 2006. Water that was either acidic or alkaline, or contained high silt levels, flowed from work areas and entered City of Seattle storm drains. The storm drains flow into Lake Washington or the Duwamish River.

Ecology's order directs Sound Transit to:

Identify and mark catch basins to ensure that untreated or incompletely treated water is not discharged to storm drains.
Develop and follow practices to ensure that alkaline water does not leach from areas where recycled-concrete fill material is used.
Develop and follow improved practices to prevent vehicles from tracking dirt and mud from work areas onto streets and roads, and to prevent the release of high-silt and alkaline water from drilling operations.
Evaluate and make needed improvements to training, coordination, communication and oversight for all contractors and personnel involved in the project, and implement the permit's stormwater pollution prevention plan.

"We are constantly working with the Department of Ecology to ensure that our contractors comply with these important environmental regulations," said Ahmad Fazel, director, Sound Transit Link Light Rail. "That is why we are so meticulous about reporting these violations to Ecology. In the case of these particular violations, we've had serious discussions with our contractor and many of the corrections in the Ecology order have already been implemented."

The order gives Sound Transit 45 to 60 days to comply with each directive.

Sound Transit may appeal the penalty to Ecology and to the state Pollution Control Hearings Board within 30 days.

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Media contact: Sandy Howard, public information officer, 360-407-6239