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Department of Ecology News Release - July 02, 2009
09-158
BELLEVUE – The Washington State Department of Ecology (Ecology) has fined the Washington State Department of Transportation (WSDOT) $39,000 for failing to take required steps to protect water quality last year along part of the State Route 9 widening project north of Cathcart in southern Snohomish County.
WSDOT environmental staff discovered the violation in December, 2008 along a stretch of stream re-aligned for the project between 176th Street SE and Marsh Road. WSDOT dug and graded the new stream bed, but left the sides as bare earth when water was introduced to the new channel earlier that year. The Ecology permit that governs the discharge of stormwater on construction projects requires cover or other stabilization of exposed soil. After discovering the oversight, WSDOT promptly reported the problem to Ecology.
Ecology’s permit also requires weekly inspections on construction projects to determine whether the protective measures need maintenance. WSDOT failed to conduct 10 of these from August to December. This period included the start of the fall-winter rainy season, when construction projects are particularly susceptible to erosion, and stream levels rise.
“We’re issuing this fine because protecting streams and proper care of bare soil is basic to all construction and can never be overlooked.” said Melodie Selby, deputy manager of Ecology’s water quality program. “We appreciate WSDOT’s response when they discovered the problem. They are working hard to make sure this doesn’t happen again.”
“WSDOT is committed to avoiding and minimizing negative environmental impacts from our projects, with sound environmental protection practices built into our construction and maintenance operations,” said Lorena Eng, WSDOT Regional Administrator. “We accept responsibility for our error and in fact self-reported our oversight to the Department of Ecology. We have worked closely with Ecology to identify the necessary actions to address this issue and immediately implemented measures to stabilize the area of concern.”
WSDOT covered the exposed soil on the stream banks with plastic over the winter and spring. Crews have begun planting small streamside vegetation, and are monitoring the banks and taking steps to keep them stabilized. In the fall, WSDOT plans to plant larger, woody plants and to continue monitoring until the vegetation is well-established.
The relocated channel flows toward the Snohomish River. Muddy or silty water harms fish and other aquatic life in streams. The fine particles damage fish gills and settle into stream gravel, destroying habitat.
WSDOT may appeal the penalty to Ecology or directly to the Washington State Pollution Control Hearings Board within 30 days.
Construction stormwater permitting and enforcement are part of Ecology’s ongoing efforts to meet the state’s goal of protecting and restoring Puget Sound’s water quality by 2020.
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Media Contact: Larry Altose, Ecology media relations, 425-649-7009
Construction Stormwater General Permit:
http://www.ecy.wa.gov/programs/wq/stormwater/construction/
Copyright © Washington State Department of Ecology. See http://www.ecy.wa.gov/copyright.html.
