1/8/09 - ADMIN ORDER ISSUED. ON MAR 12, 2008, EPA AND ADEM PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI). AS A RESULT, EPA HAS DETERMINED THAT STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY WAS DISCHARGED FROM THE DEVELOPMENT WITHIN THE MEANING OF CWA SEC 402(p) AND ITS IMPLEMENTING REGULATIONS.
DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING:
D&S FAILED TO:
A. DESIGN, IMPLEMENT AND REGULARLY MAINTAIN EFFECTIVE BMPs TO THE MAXIMUM EXTENT PRACTICABLE TO PREVENT OFF-SITE SEDIMENTATION. SILT FENCING AND ROCK CHECK DAMS WERE FULL OF SEDIMENT AND NEEDED MAINTENACE. SILT FENCING WAS COLLAPSED IN SOME AREAS ALLOWING FOR THE DISCHARGE OF SEDIMENT OFF-SITE. THERE WAS NO CURB INLET PROTECTION AND NO STABILIZATION OF SUBDIVISION LOTS.
B. PREVENT OR TAKE ALL REASONABLE STEPS TO MINIMIZE THE DISCHARGE OF OFF-SITE SEDIMENTATION. SEDIMENT WAS LEAVING THE DEVELOPMENT FROM SEVERAL AREAS THROUGHOUT THE SITE WHERE BMPs WERE NOT MAINTAINED OR IN PLACE, THUS CAUSING SEDIMENT TO DISCHARGE OFF-SITE.
C. MAINTAIN ADEQUATE RECORDS TO DOCUMENT COMPLIANCE, INCLUDING INSPECTION RECORDS AND FAILED TO KEEP ALL RECORDS REQUIRED AT THE CONSTRUCTION SITE OR AT A PREVIOUSLY APPROVED/IDENTIFIED ALTERNATIVE SITE. RECORDS AND/OR INSPECTION REPORTS WERE NOT AVAILABLE FOR REVIEW.
D. IMPLEMENT APPROPRIATE, EFFECTIVE BMPs ON ALL AREAS NOT UNDERGOING ACTIVE DISTURBANCE OR CONSTRUCTION FOR LONGER THAN 13 DAYS, AND TO MINIMIZE SURFACE AREA DISTURBED AT ANY ONE TIME. THERE WA