IDEM cites erosion problems on Section 4 of I-69 in Monroe County

The Herald-Times requested all Rule 5 violations pertaining to Section 4 of Interstate 69, the 27-mile stretch of highway from Naval Support Activity Crane to Bloomington. IDEM denied some records related to the request, but provided access to 14 reports ranging from March 2013 to September 2014. In addition, IDEM provided two reports indicating previous issues had been resolved.

IDEM reports document a series of continuing erosion problems in Section 4 of the I-69 construction project. Yet no fines have been assessed, and it’s hard to determine whether all deficiencies in the reports have been corrected.

The federal Clean Water Act requires all construction projects, public and private, that will disturb more than one acre of land to have a surface water pollution prevention plan. It’s called a SWPPP (pronounced “swip”) or a Rule 5 plan. It is required by Article 15, Rule 5, of the Indiana Administrative Code Title 327.

Soil erosion and sedimentation in local waterways have been a concern for area residents and environmentalists since the I-69 project began. They’ve complained that in areas where trees and other vegetation have been cleared for the highway, bare soil is being washed away when it rains and entering local waterways. They have documented streams that once ran relatively clear now looking like chocolate milk, and even brown water coming from the faucet of one man whose drinking water came from a natural spring on his property.

Rule 5 is intended to prevent things like that from happening.

“The purpose of this rule is to establish requirements for stormwater discharges from construction activities of one acre or more so that the public health, existing water uses and aquatic biota are protected,” according to the statute.

The reports show contractors not only violated Rule 5, but in some instances, neglected areas of concern for several months. According to an inspection summary in a report dated Aug. 27, 2014, an inspection of two segments of Section 4 showed “significant erosion and sediment control work needs to be conducted.” The report continued, “The sediment discharges were noted on May 22, 2014, and have not been cleaned up nor has the area been stabilized. This area needs to be immediately brought into compliance and should take precedence over other work on the project site.”