Complaint is issued against Respondent for its failure to submit a Storm Water Management Program.
On February 11, 2008, EPA issued against the Respondent an Administrative Compliance Order (ACO) for its failure to submit a Notice of Intent (NOI) application as required by 40CFR 122.23(a) for the MS4 General Permit. According to the ACO, Respondent had to: file a NOI form seeking coverage under the Small MS4 Permit by February 23, 2008; prepare, implement and enforce a SWMP and submit a copy of it to EPA by May 18, 2008; and submit to EPA the Compliance Cost Report by June 12, 2008. On April 1, 2008, the municipality filed the NOI, but the SWMP was not received. On September 27, 2010, EPA issued a Class II Civil Penalty for their failure to prepare the SWMP. On May 19, 2011, EPA issued a Consent Agreement and Final Order (CA/FO) in settlement of the enforcement action. Under the settlement, Respondent will pay a civil penalty.