3/31/2011 - ADMINISTRATIVE ORDER ISSUED.
ORDER STATES:
EPA REISSUED NPDES PERMIT NO. NC0054992 ( PERMIT ) TO THE FACILITY FOR THE DISCHARGE OF TREATED RACEWAY WASTEWATER. THE PERMIT'S EFFECTIVE DATE IS DECEMBER 1, 2009 AND IT WILL EXPIRE ON NOVEMBER 30, 2014.
PART I.B OF THE PERMIT REQUIRES THAT THE RESPONDENT THAT THE RESPONDENT CERTIFIES THAT A BEST MANAGEMENT PRACTICES ( BMP ) PLAN HAS BEEN DEVELOPED AND IS BEING IMPLEMENTED. THE CERTIFICATION MUST BE SUBMITTED TO EPA WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THE PERMIT.
ON AUGUST 3, 2010, EPA NOTIFIED THE RESPONDENT BY CERTIFIED LETTER, RETURN RECEIPT REQUESTED, THAT THE BMP PLAN CERTIFICATION WAS NOT RECEIVED, AND REQUESTED A COPY OF THE BMP PLAN CERTIFICATION. ACCORDING TO THE RETURN RECEIPT, RESPONDENT RECEIVED THE LETTER ON AUGUST 17, 2010. TO DATE, EPA HAS NOT RECEIVED A RESPONSE FROM THE RESPONDENT.
THEREFORE, EPA, REGION 4 HAS DETERMINED THAT RESPONDENT HAS VIOLATED SECTION 301(a) OF THE ACT, 33 U.S.C SECTION 1311(a), AND THE PERMIT ISSUED PURSUANT TO SECTION 402 OF THE ACT, 33 U.S.C. SECTION 1342, BY FAILING TO COMPLY WITH THE REQUIREMENT OF PART I.B OF THE PERMIT.
ORDER REQUIRES:
a. WITHIN 10 DAYS OF RECEIPT OF THIS ORDER, RESPONDENT SHALL SUBMIT A COPY OF THE BMP PLAN, AND CERTIFICATION OF DEVELOPMENT AND IMPLEMENTATION OF THE BMP PLAN IN ACCORDANCE WITH PART I.B OF THE PERMIT.
b. IN THE EVENT THAT A BMP PLAN HAS NOT BEEN DEVELOPED, RESPONDENT SHALL DEVELOP AND IMPLEMENT A BMP PLAN, IN ACCORDAN