5/2/06 - COMPLIANCE ORDER ISSUED.
FINDINGS:
ON AUGUST 5, 2005, REPRESENTATIVES OF EPA'S CONTRACTOR, SCIENCE APPLICATIONS AND INTERNATIONAL CORPORATION ( SAIC ), PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION ( CSWEI ) 0F HOLCOMBE CREOSOTE COMPANY. EPA'S CSWEI WAS TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER AT THE FACILITY IN ACCORDANCE WITH TEH CWA, THE REGULATIONS PROMULGATED THEREUNDER AT 40 CFR 126.26 AND THE NDDENR PERMIT.
AS A RESULT OF THE CSWEI, EPA REGION 4 HAS DETERMINED THAT THE HOLCOMBE CREOSOTE COMPANY DISCHARGED STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY WITHIN THE MEANING OF SECITON 402(p) OF THE CWA, AND ITS IMPLEMENTING REGULATIONS.
THE CSWEI REVEALED THAT HOLCOMB CREOSOTE COMPANY VIOLATED PART II.A OF THE PERMIT WHICH REQUIRES THE PERMITTEE TO DEVELOP A PLAN.
THE CSWEI REVEALED THAT HOLCOMBE CREOSOTE COMPANY, VIOLATED PART II.B OF THE PERMIT WHICH REQUIRES THE PERMITTEE TO CONDUCT A QUALITATIVE VISUAL INSPECTION OF EACH STORMWATER OUTFALL, REGARDLESS OF REPRESENTATIVE OUTFALL STATUS, IN ACCORDANCE WITH REQUIREMENTS SPECIFIED IN THE PERMIT.
THEREFORE, HOLCOMB CREOSOTE COMPANY VIOLATED SECTIONS 301 AND 402(p) OF THE CWA, RESPECTIVELY, BY FAILING TO COMPLY WITH PARTS II.A AND II.B OF THE NCDENR PERMIT.