11/5/09 - ADMINISTRATIVE ORDER ISSUED. ON JUNE 15, 2009, EPA'S CONTRACTOR AND MDEQ PERFORMED A COMPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI) AT MDOT'S DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORM WATER. DURING THE CSWEI, EPA'S CONTRACTOR OBSERVED THE FOLLOWING:
A. THE SWPPP DID NOT INCLUDE THE TIMING OF ALL MAJOR LAND-DISTURBING ACTIVITIES WITH APPLICABLE CONTROL MEASURES, AS REQUIRED BY SECTION ACT6 CONDITION T-9 OF THE PERMIT.
B. TRENCHES HAD BEEN CUT AROUND THE SEDIMENT PONDS AT TALLASHUA CREEK APPROX 2 WEEKS PRIOR TO THE CSWEI, AND CAUSED STORM WATER RUNOFF TO CIRCUMVENT SILT FENCING AND CHECK DAMS; NO OTHER BMPs WERE IMPLEMENTED TO PREVENT EROSION. VEHICLE TRACKS AND SEDIMENT WERE OBSERVED IN TALLASHUA CREEK. OTHER SILT FENCING WAS NOT PROPERLY INSTALLED. MDOT FAILED TO TAKE REASONABLE STEPS TO PREVENT SEDIMENT DISCHARGES, AND FAILED TO PROPERLY INSTALL BMPs, AS REQUIRED BY SECTION ACT6, CONDITIONS T-2(4), T-2(5), AND T-3(2); SECTION ACT7 CONDITIONS S-1(5) AND S-1(6) AND SECTION AT11 CONDITION T-2 OF THE PERMIT.
C. BMPs WERE NOT IN PACE BEFORE CLEARING A GRADING NEAR THE BANKS OF THREAT BRANCH WHICH EXPOSED BARE SOIL NEXT TO THE CREEK. SEDIMENT WAS OBSERVED IN THREAT BRANCH. MDOT FAILED TO TAKE REASONABLE STEPS TO PREVENT SEDIMENT DISCHARGES, AND FAILED TO MAKE SURE ALL BMPs WERE IN PLACE BEFORE COMMENCEMENT OF CONSTRUCTION AS REQUIRED BY SECTION ACT7 CONDITIONS S-1(2) AND S-1(5) AND S-1(6); AND SECTION ACT11 CONDITION T-2 OF THE PERMIT.