Paragraph 71 of the AOC between the EPA and CDOT requires CDOT to provide the EPA and CDPHE with a written update of its process to escalate enforcement addressing chronic non-compliance by contractors and a mechanism to track chronic non-compliance. The original update was to have been provided by January 31, 2018. By January 31, 2019 and January 31, 2020, respectively, CDOT was to have provided the EPA and CDPHE with lists of chronic violators it had identified in 2018 and 2019 and the measures it had taken to address those violations.
On August 9, 2018, the Colorado Division of Transportation Development, Standards and Specifications Unit (SSU) and Project Development Advisory Committee (PDAC) approved revisions to CDOT?s Standard Specifications, Subsection 208.09, which contained updates to the Construction Site Program with an escalation process to address chronic noncompliance by contractors. CDOT developed the ESCAN database to track chronic noncompliance by contractors.
On January 31, 2019, CDOT did not submit a list of chronic violators and measures it had taken to address chronic violations during 2018. CDOT was not able to generate this information because Subsection 208.09 of its new Standard Specifications was not finalized until August 9, 2018 and the ESCAN 2.0 software used to track the findings was not ready until April 2019.
On January 31, 2020, CDOT submitted a list of chronic violators and measures it had taken to address chronic violations durin