DEP fines contractor for I-99 violations that led to creek pollution

Centre Daily Times

October 02, 2007

State environmental regulators said Tuesday they have fined an Interstate 99 contractor $20,000 for sedimentation control violations in northern Blair County three years ago that led to pollution of South Bald Eagle Creek tributaries.

The Department of Environmental Protection fined A&L Inc. of Belle Vernon, Westmoreland County, for violating the Pennsylvania Clean Streams Law in late 2004 and early 2005 during excavation of Interstate 99 in Blair County, DEP Regional Director Robert Yowell said.

'A&L Inc. consistently failed to maintain the proper erosion and sedimentation controls at different locations along the I-99 construction site in Blair County,' Yowell said in a prepared statement. 'These violations were documented during inspections made by the Centre County Conservation District in 2004 from June through November, and in January 2005.'

The I-99 section being excavated at the time is at the Blair County end of the 8-mile leg of the four-lane highway from Bald Eagle village to Port Matilda. A&L had the excavation contract. New Enterprise Stone & Lime is now nearing the end of the paving contract.

Even though the work sites were in Blair County, the inspections were done by the Centre County Conservation District because most of the I-99 project is in Centre County.

Mike Philippe, conservation district inspector, said A&L road builders 'got ahead of their staging' and didn't have all of the erosion and sedimentation controls in place during the initial excavation.

'When they did get behind, it took them a little longer to get up to speed because of that,' Philippe said. 'In this case our office decided not to pursue it because our usual stance when we find violations like that is that we give them a chance to fix it up and come into compliance. But DEP has the prerogative to pursue it themselves.'

Violations by A&L included a failure to complete dirty water ditches and sediment basins, seed and mulch, install rock filters, or provide inlet protection, the DEP said. Sediment basins leaked and a silt fence was removed before slopes were seeded and mulched.

'Because A&L Inc. did not properly perform its duties as outlined in the company's approved erosion and sedimentation control plan, water containing excessive sediment was discharged to several unnamed tributaries of South Bald Eagle Creek, causing water pollution,' Yowell said.

South Bald Eagle Creek flows southwestward from near the boundary between Centre and Blair counties, and it flows into the Little Juniata River at Tyrone.

After lengthy discussions with A&L regarding a civil penalty proved unsuccessful, DEP said, the state agency filed a complaint with the state Environmental Hearing Board in July 2006.

The company agreed to the penalty assessment just days before the scheduled Environmental Hearing Board hearing last month.

The fine is being paid to the Clean Water Fund in two installments of $10,000, the DEP said. The first installment was paid last week and the second is due by Dec. 21.

A&L officials could not be reached for comment.

Mike Joseph can be reached at 235-3910.

Copyright © 2007 Centre Daily Times, All Rights Reserved.