Close up photo shows work being done at Tlaquepaque Bridge construction site. Violations in maintaining water quality controls have been alleged by ADEQ against ADOT and its contractor.

ADEQ files Notices of Violation against ADOT and contractor concerning bridge-construction work at Tlaquepaque

By Tommy Acosta, Associate Editor

SEDONA, AZ - March 12, 2009 - On Wednesday, March 11, 2009, the Arizona Department Environmental Quality (ADEQ) released to the public initial results of its investigation into the potential for water-quality violations at the Tlaquepaque bridge construction site in Sedona.

Both the Arizona Department of Transportation and Fisher Sand & Gravel Co., DBA Southwest Asphalt Paving (the contractor) were charged with violations in connection with construction activities at the site, which are under ADOT control.

ADEQ filed two-separate notices of violation (NOV) for violations of Arizona water quality statutes.

In ADEQ’s compliance summary of the investigation, ADEQ indicated the construction site did not substantially comply with the AZPDES (Arizona Pollutant Discharge Elimination System) Storm Water program, and that the construction site did not meet ADEQ Standards for Best Management Practices.

One NOV was filed against the contractor for the project, Fisher Sand & Gravel Co., DBA Southwest Asphalt Paving (click to read violation) , for two separate instances of non-compliance with their permit. The NOV consisted of two separate regulatory findings by ADEQ.

One regulatory finding was non-compliance with the provision in their ADEQ General Construction Permit that “Operators of projects that are located within ¼ mile of impaired or unique waters shall prepare and implement a monitoring program that meets the requirements of [the General Permit for Construction Acitivites AZG22008-001, Part V, Section A].”

This violation refers to the failure of the contractor to submit required monitoring data to ADEQ for suspended solids concentration (SSC) in Oak Creek, and to submit required photo documentation of the construction site to ADEQ. Also, according to ADEQ, no turbidity data (indicating the cloudiness or haziness of the water) was submitted to ADEQ as required for the high water event on December 26, 2008.

The second-regulatory finding for Fisher Sand & Gravel was the alleged failure to comply with the provision that “Any discharges that are not consistent with the eligibility of the permit are not authorized.”

This violation refers to a sewage spill that allegedly occurred at a manhole at SR-179 and Bowstring Road on October 31, 2008. ADEQ indicates the spill was not reported in the storm water inspection report as required. (Details of this spill were not provided by ADEQ in its NOV document; however Sedona.biz will provide further information on the spill at a future update).

The second NOV for the project was filed by ADEQ against ADOT (click to read violation). This NOV also consisted of two-separate regulatory findings by ADEQ.

One regulatory finding was (in part) non-compliance with the provision in ADOT’s Statewide Stormwater Permit that “ADOT shall sample stormwater discharges from its construction sites that are located within ¼ mile of impaired of unique waters.”

The NOV from ADEQ states that on December 26, 2008, the flows in Oak Creek, a unique waterway, increased due to stormwater runoff, resulting in a discharge from ADOT’s construction activities into Oak Creek. Although ADOT provided information regarding monitoring conducted on other dates, ADOT failed to provide evidence that monitoring as required was conducted on December 26, 2008, according to ADEQ.

The second regulatory finding regarding ADOT was the failure to comply with the ADEQ permit provision that “Non-stormwater discharges not specifically allowed are prohibited.”

This violation refers to the same sewage spill referenced above, occurring at a manhole at SR-179 and Bowstring Road on October 31, 2008.

According to Arizona Department of Transportation Public Information Officer Rod Wigman, ADOT received a Notice of Violation (NOV) from the Arizona Department of Environmental Quality (ADEQ) on March 6, 2009 regarding stormwater permit conditions.

“The alleged violations are administrative in nature and do not reflect any environmental harm to Oak Creek as a result of ADOT's construction project,” he said. “We are responding within the timeframes required by the notification. ADOT and its contractor are committed to following all permit requirements from all regulatory agencies for the SR179 project.”

Mr. Wigman said ADOT has had a third party-independent erosion control coordinator staffed on site for the past 12 months and ADOT and its contractor conduct daily inspections of the project site to ensure continued compliance with permit conditions.

“ADOT has participated in numerous site inspections with environmental regulatory staff from ADEQ and the Corps of Engineers during the last 15 months of construction,” he said. “ADOT and its contractor continue to monitor spring weather conditions closely while work continues in and around Oak Creek throughout the project area.”

Darrick Manezes, corporate-environmental manager of Fisher Sand & Gravel Co., DBA Southwest Asphalt Paving, backed Mr. Wigman’s statement.

“At this time, our assessment shows that no unauthorized discharges or other adverse impacts to Oak Creek occurred,” he said in a statement (click to read full statement). SWAP understands the importance of protecting Oak Creek and prides itself on its pollution-prevention techniques utilized during the construction of the SR 179 Village of Oak Creek to Sedona Project.”

Formal complaints to ADEQ were initially filed by Ron Vernesoni as a public citizen of Sedona and by Marlene Rayner, chair of the local Sierra Club chapter in December of 2008, after Mr. Vernesoni inspected the construction site in December 2008. Mr. Vernesoni serves as an adviser to the local Sierra Club chapter on regulatory matters.

Subsequent to these complaints, according to Mr. Vernesoni, an ADEQ inspector visited the bridge construction site, and found cause to recommend that the matter be referred to the ADEQ Phoenix office for investigation.

"I have no ill will toward ADOT or the bridge contractor, and I am not anti-business or anti-development,” Mr. Vernesoni said. “I am for responsible stewardship of our environment. The last thing I want to do is put more strain on the businesses in Sedona who have already endured immense hardship. But environmental laws must be complied with."

Mr. Vernesoni, an environmental professional with 33-years experience, said numerous animal species are affected by the water quality of Oak Creek.

“The Desert Nesting Bald Eagle and the Southwestern Willow Flycatcher are now endangered species in the Verde River (of which Oak Creek is a tributary), and the Western Yellow Billed Cuckoo is a candidate for listing,” he said. “These species of wildlife also exist in Oak Creek, along with other species pressured by development, and whose populations are rapidly declining. As a society, I believe we are responsible for doing all we can do to protect these innocent animals. It is a measure of our civility and character as a people. Unfortunately, these innocent creatures have no say in environmental matters.”

He noted the investigation is ongoing and future findings are on the horizon.

According to Mr. Vernesoni, monetary penalties typically accompany NOV’s issued by ADEQ. No information on any monetary penalties was provided by ADEQ in its NOV document.

Also, according to Mr. Vernesoni, no information was provided in the ADEQ document on what corrective actions will be taken by ADOT to come into compliance with its permits, and with all water-quality issues cited in the NOV document.

ADEQ indicated in the compliance summary section of the NOV document that two other regulatory issues are under investigation—namely the potential for violations of Narrative Water Quality Standards and Numeric Water Quality Standards.

Marlene Rayner, chairperson of the Sierra Club Sedona-Verde Valley Group, applauded ADEQ ‘s actions.

"We are pleased that ADEQ confirmed (with Notices of Violations) what was observed happening at the RT179 Oak Creek Bridge construction site,” she said. “We also want the violation notices followed up by enforcement. This effort has been the hard work of many people, including Ron Vernesoni, our Sierra Group's Regulatory person, and Bob Donahue, our vice-chair. There is a strong coalition within the area to protect Oak Creek and Sedona's incredible environment."

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