Sandoval criticizes transportation officials’ inaction on EPA concerns

CARSON CITY — Gov. Brian Sandoval on Monday criticized state Department of Transportation staff for failing to address stormwater issues found in an audit by a federal agency that could now lead to millions of dollars in additional costs to the state.

Sandoval told Director Rudy Malfabon that the agency did not make the audit findings of the agency’s stormwater management program a top priority for correction despite knowing the issues that needed to be resolved in the audit by the U.S. Environmental Protection Agency conducted in 2011. The problems actually go back a decade, he said.

“So now its probably too little too late,” Sandoval said. “These are things we should have done a long time ago. I don’t know why there isn’t a sense of urgency on this EPA situation.”

In a site inspection of two facilities in Sparks and Lake Tahoe in November, EPA officials identified continuing problems, including the potential of dirty water runoff at the agency’s maintenance facility at Spooner Summit at Lake Tahoe that could have made its way into the waters of Lake Tahoe. A similar concern was identified at a parking lot at the Sparks facility that could affect the Truckee River.

The issue with a settling pond at the Spooner facility has been fixed and some work has been done at the Sparks facility but more improvements are needed. There was no evidence any contaminated water at the Spooner facility flowed into the lake.

“Now we are looking at an enforcement action,” said Sandoval, who serves as the chairman of the state Transportation Board. “I don’t know what is going to happen but it is not going to be good.”

A meeting with the EPA is set for Dec. 16 and 17.

“I am really frustrated with this situation,” Sandoval said. “I was under the impression that this was under control and it wasn’t. We had a clear opportunity to make it right.

“This is no small thing,” he said. “This is tens of millions of dollars that we could be looking at in terms of enforcement.”

After the meeting Sandoval said he is still attempting to clarify whether the agency will be required to spend more money on the issue than is already budgeted or what the increased costs might entail. Fines are not expected to be part of any correction action, he said.

Malfabon reported the inspection findings to the board at its regular monthly meeting.

One of the problems is a lack of staffing, which Malfabon said the agency has been working on to fill needed positions.

“I recognize that we’ve let you down and let the board down, Governor,” he said. “We’re going to work harder at this.”

The agency said it takes “very seriously” its responsibility to reduce any water quality impacts from construction, maintenance and other roadway activities.

Since the summer of 2013, NDOT has increased stormwater program staff from one employee statewide, and will soon have nine stormwater staff members to provide water quality training, document facility inspections and support district stormwater management efforts. The agency also said it is devoting annual funding to stormwater improvements at department maintenance stations.

Contact Sean Whaley at swhaley@reviewjournal.com or 775-687-3900. Find him on Twitter: @seanw801