7/3/2008 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: ON NOVEMBER 15, 2006, REPRESENTATIVES OF EPA IN CONJUNCTION WITH TDEC PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION ( CSWEI ) AT RESPONDENT'S FACILITY. EPA'S CSWEI WAS TO EVALUATE THE TREATMENT AND DISPOSAL OF STORM WATER AT THE FACILITY IN ACCORDANCE WITH THE CWA, THE REGULATIONS PROMULGATED THEREUNDER AT 40 CFR SECTION 126.26, AND THE TENNESSEE PERMIT. AS A RESULT OF THE CSWEI, EPA ALLEGES THAT RESPONDENT FAILED TO COMPLY WITH: (A) SECTION 3.5.3.1(a) AND (B) OF THE PERMIT BY FAILING TO PROPERLY INSTALL AND MAINTAIN ALL ENGINEERED CONTROLS, INDLUDING SILT FENCES AND A SEDIMENTATION POND; (B) SECTION 3.5.3.2 OF THE PERMIT BY FAILING TO IMPLEMENT TEMPORARY OR PERMANENT STABILIZATION AT THE CONSTRUCTION SITE (OR PHASE OF THE PROJECT) NOT LATER THAN FIFTEEN (15) DAYS AFTER THE CONSTRUCTION ACTIVITY IN THAT PORTION OFTHE SITE HAS TEMPORARILY OR PERMANENTLY CEASED; (C) SECTION 3.5.3.3 OF THE PERMIT BY FAILING TO HAVE A CLEAN-OUT MARKER; (D) SECTION 3.5.8.2 OF THE PERMIT BY FAILING TO PROPERLY DOCUMENT INSPECTIONS AND MAINTAIN THE INSPECTION RECORDS ON-SITE; (E) SECTION 6.4 OF THE PERMIT BY FAILING TO TAKE ALL REASONABLE STEPS TO MINIMIZE OR PREVENT ANY DISCHARGES THAT HAVE A REASONABLE LIKELIHOOD OR POTENTIAL OF ADVERSELY AFFECTING THE ENVIRONMENT; AND (F) SECTION 6.14 OF THE PERMIT BY FAILING TO AT ALL TIMES PROPERLY