Bill exempts DOT from pollution fines

By April Hunt

The Atlanta Journal-Constitution

The state Department of Transportation is backing a House bill that would exempt it from hundreds of thousands of dollars in state fines it often pays for polluting Georgia's water ways.

The agency and the state lawmakers pushing House Bill 131 said exempting DOT from fines to the Environmental Protection Division would free up money for more roadwork.

Opponents, including some House leaders, argue the change removes the teeth of environmental regulations and runs afoul of federal law, which could lead to federal intervention.

“On the face of it, I don’t see the logic of exempting the state from the same regulations and penalties that private individuals and businesses face,” said Speaker Pro Tem Jan Jones, a Milton Republican.

At issue is how much soil ends up in waterways during road-building and other projects. Dirt is the biggest polluter of water in the state, because mud flowing into creeks, waters and lakes can literally choke the life out of the water.

DOT consistently racks up the most violations and the biggest fines in the state for its projects. The department was fined more than $104,000 for six problem sites last year, according to EPD records.

In 2008, EPD fined the agency $450,000 for 20 sites with water pollution.

Many of the fines have not yet been paid. DOT and the bill’s sponsor call them punitive damages that simply move money from one state agency to another.

Bubber Epps, R-Dry Branch and secretary of the House Transportation Committee, said his proposal will put an end to that practice while still protecting waterways.

“If something happens, DOT would have the opportunity to take corrective action as they do now,” Epps said. “They would still have to comply with the law.”

The law in question is the federal Clear Water Act. A state agency can oversee compliance because of a deal between the federal and state agencies, though critics say an exemption could kill any agreement.

That would open the door for the federal Environmental Protection Agency to take over the permitting process for anyone wanting to move dirt in Georgia.

“This bill threatens to bring a federal agency in to handle local issues, and I don’t think that’s something that people in Georgia want,” said Juliet Cohen, general counsel for the Upper Chattahoochee Riverkeeper.

Environmental groups also worry that the problems will only worsen if the agency is not financially accountable. They also note the bill would let DOT change its own rules on bidding, so it wouldn’t know which contractor in a project would be responsible if problems arose.

“Penalties exist as deterrents, not moneymakers,” said Mark Woodall, chairman of the Sierra Club of Georgia.

Debate on the issue will have to wait. The bill was removed Wednesday from a subcommittee agenda on Thursday morning. It remains before State Highways Subcommittee on Transportation for review.