Construction Company, Ga. DOT Settle Penalty With U.S. EPA to Resolve Violations

The U.S. Environmental Protection Agency (EPA) and U.S. Department of Justice (DOJ) announced that Wright Brothers Construction Co. and the Georgia Department of Transportation (GDOT) have agreed to pay a $1.5 million penalty and spend more than $1.3 million to offset environmental damages to resolve alleged violations of the Clean Water Act. The civil penalty is one of the largest ever under the act’s provisions prohibiting the unauthorized discharge of dredged or fill material into U.S. waters.

“Dumping dirt and waste rock into our nation’s waters threatens water quality and aquatic habitats,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “[This] settlement will restore damaged streams, protecting trout habitat and recreational opportunities for the people of northeastern Georgia.”

“Construction projects, including important expansions of highway infrastructure, must be conducted in full compliance with the Clean Water Act, which protects our nation’s waterways, aquatic habitats and recreational resources from harm,” said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division at DOJ.

The complaint alleges that between 2004 and 2007, Wright Brothers, with approval from GDOT, buried all or portions of seven primary trout streams in violation of the Clean Water Act. Wright Brothers was hired by GDOT to dispose of excess soil and rock generated during two highway expansion projects in northeast Georgia. GDOT approved fill sites that included streams considered to be waters of the United States, resulting in the unauthorized disposal of more than 1 million cu yd of excess rock and soil, impacting approximately 2,800 linear ft of stream.

Under the settlement, Wright Brothers and GDOT must perform injunctive relief measures, including purchasing 16,920 mitigation credits at an estimated cost of $1.35 million to offset the impacts that cannot be restored. Wright Brothers and GDOT will also remove the piping from and restore the bed and bank of a 150-ft stream channel that was affected by the disposal activities.

The settlement is subject to a 30-day comment period and final court approval.

Source: U.S. EPA