The entry of this consent decree completes a civil enforcement action against the Rhode Island Department of Transportation (RIDOT) in Providence, RI, for Clean Water Act (CWA) violations. It includes injunctive relief and civil penalties under Sections 309(b) and (d) of the CWA, based on Defendant's violations of the terms and conditions of a permit issued pursuant to Section 402 of the CWA, 33 U.S.C. 1342, and Section 301 of the CWA, 33 U.S.C. 1311. RIDOT has violated its small MS4 permit in a number of respects, including by: (1) failing to conduct the required catchment area assessments and to implement storm water pollution controls required by applicable TMDL determinations; (2) failing to amend its Storm Water Management Program Plan (SWMPP) in response to applicable TMDLs; (3) failing to implement the storm water controls necessary to control the discharge of pollutants of concern to water-quality impaired waters to the Maximum Extent Practicable (MEP); (4) failing to conduct timely illicit discharge detection and elimination (IDDE) investigations based upon evidence of illicit discharges; (5) failing to conduct adequate street sweeping and inspection/cleaning of catch basins; and (6) failing to conduct winter/spring dry weather discharge screening.
The CD includes specified injunctive relief including: a program to retrofit RIDOT roadways for stormwater controls to address impaired waters, including those with TMDLs; a program to screen outfalls and investigate p