Administrative Civil Liability Agreement with the Town of Truckee and Teichert Construction for the Coldstream Roundabout Construction Project, Nevada County
Overview
On June 29, 2021, the Town of Truckee submitted a Notice of Intent for coverage under the State Water Resources Control Board’s General Permit to Discharge Storm Water Associated with Construction Activity, Order No. 2009-0009-DWQ, as amended by Orders No. 2010-0014-DWQ and 2012-0006-DWQ (Construction General Permit) for the Coldstream Roundabout construction project. The Town of Truckee, as the Legally Responsible Party, hired Teichert Construction as the contractor for the project.
The Coldstream Roundabout project consists of the replacement of a stop sign-controlled intersection with a roundabout. The project is located at the intersection of Highway 80, Coldstream Road, and Donner Pass Road in Truckee. The project was scheduled to be completed during the 2021 construction season; however, it extended through the 2022 construction season. On July 24, 2023, Lahontan Water Board staff accepted the project’s Notice of Termination.
The Lahontan Water Board’s Prosecution Team alleges that the Town of Truckee and Teichert Construction violated the Construction General Permit as follows:
- Failed to maintain a physical copy of a Storm Water Pollution Prevention Plan (SWPPP) onsite from at least August 9 through August 16, 2021 and from at least July 14 through July 18, 2022.
- Failed to perform weekly inspections for the week of November 1, 2021 (one inspection), from the week of November 29, 2021 through the week of January 31, 2022 (ten inspections), from the week of February 21, 2022 through the week of May 2, 2022 (ten inspections), and from the week of November 7, 2022 through the week of November 21, 2022 (three inspections).
- Failed to implement some good housekeeping measures for construction materials on at least 27 instances found during 19 weekly inspections.
- Failed to implement some good housekeeping measures for waste management on at least 23 instances found during 21 weekly inspections.
- Failed to implement good housekeeping measures for vehicle storage, fueling, and maintenance on at least 14 instances found during 13 weekly inspections.
- Failed to implement a portion of the erosion control measures on at least nine instances found during nine weekly inspections.
- Failed to implement a portion of the perimeter sediment control measures on at least 49 instances found during 20 weekly inspections.
To settle the alleged violations, the Lahontan Water Board’s Prosecution Team, the Town of Truckee, and Teichert Construction have agreed to the imposition of an administrative civil liability of $559,701. Of this amount, $287,852 will be paid to the State Water Pollution Cleanup and Abatement Account. The remaining $271,849 will be permanently suspended upon completion of the Trout Creek Restoration (Reach 1, Segment A) Supplemental Environmental Project. In addition, the Town of Truckee and Teichert Construction have agreed to voluntarily implement certain actions related to the Construction General Permit to prevent similar violations in the future. The proposed settlement was posted for public comments for a 30-day period. No public comments were received.
On June 17, 2024, the Lahontan Water Board’s Executive Officer, acting on behalf of the Lahontan Water Board, signed the Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order No. R6T-2024-0003.
