6/23/09 - ADMINISTRATIVE ORDER ISSUED.
ON FEB 25, 2009, EPA AND ADEM PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI) AT THE DEVELOPMENT.
DURING THE CSWEI, EPA OBSERVED THE FOLLOWING:
A. NO BMPs WERE IMPLEMENTED ALTHOUGH LAND HAD BEEN CLEARED AND GRADING WAS TAKING PLACE.
B. A SIGN WAS POSTED AT THE FRONT ENTRANCE TO THE DEVELOPMENT, BUT WAS NOT CURRENT AS IT DISPLAYED APPLIED FOR INSTEAD OF THE ADEM NPDES REGISTRATION.
C. THE SELF-INSPECTION REPORT DATED JAN 7, 2009, CITED A DISCHARGE OF SEDIMENT INTO THE RECEIVING WATERS, AN UNNAMED TRIBUTARY TO SAUGAHATCHEE CREEK, AND STATED THAT PERIMETER SILT FENCING AND A TEMPORARY SEDIMENT BASIN WILL BE INSTALLED. HOWEVER, THESE BMPs WERE NOT YET INSTALLED AT THE TIME OF THE INSPECTION.
D. THE SELF-REPORTING WAS INSUFFICIENT: NO STRUCTURAL BMPs WERE IMPLEMENTED AT THE TIME OF EPA'S INSPECTION. THERE WAS NO EVIDENCE THAT BMPs WERE IN PLACE PRIOR TO EPA'S INSPECTION; HOWEVER THE LACK OF INSTALLATION OF BMPs WAS NOT NOTED NOR REPORTED IN THE MONTHLY REPORTS AS REQUIRED. IN ADDITION, PART 335-6-12-.28(4)(f) OF THE PERMIT REGULATIONS REQUIRES COMPLETE INSPECTIONS AS OFTEN AS NECESSARY UNTIL ANY NON-COMPLIANT BMPs OBSERVED DURING A PRIOR INSPECTION ARE CORRECTED AND DOCUMENTED AS BEING IN COMPLIANCE. ONLY ONE INSPECTION PER MONTH WAS CONDUCTED, EVEN AFTER THE SELF-INSPECTION NOTED DEFICIENCIES IN THE JAN 5 AND 7, 2009 REPORTS. FURTHER THE SELF-INSPECTIONS DID NOT NOTE INADEQUATE OR MISSING BMPs WITHIN