5/12/11 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $37,500 DUE WITHIN 30 DAYS.
ON NOV 4, 2009, EPA AND TDEC CONDUCTED A COMPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI) AT THE SITE TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER IN ACCORDANCE WITH THE CWA, THE REGULATIONS PROMULGATED THEREUNDER AT 40 CFR 122.26 AND THE TDEC PERMIT.
AS A RESULT OF THE CSWEI, EPA REGION 4 DETERMINED THAT STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY WAS DISCHARGED FROM THE SITE WITHIN THE MEANING OF CWA SEC 403(p) AND ITS IMPLEMENTING REGULATIONS.
DURING THE CSWEI, EPA OBSERVED THE FOLLOWING:
A. SHELBY COUNTY FAILED TO RETAIN A SWPPP ONSITE AND FAILED TO POST A CONTACT PHONE NUMBER IF THE SWPPP WAS LOCATED OFF-SITE IN ACCORDANCE WITH SECTIONS 3.3.1 AND 5.2 OF THE PERMIT. SHELBY COUNTY ALSO FAILED TO POST NEA THE MAIN ENTRANCE OF THE CONSTRUCTION SITE THAT IS ACCESSIBLE TO THE PUBLIC: (1) THE NOTICE OF COVERAGE WITH THE NPDES PERMIT NUMBER; (2) NAME, COMPANY NAME, EMAIL ADDRESS, PHONE NUMBER, AND ADDRESS OF THE PROJECT SITE OWNER OR LOCAL CONTACT PERSON; (3) A BRIEF DESCRIPTION OF THE PROJECT; AND (4) THE LOCATION OF THE SWPPP IF IT WAS NOT LOCATED ON-SITE, IN ACCORDANCE WITH SEC 3.3.2 OF THE PERMIT.
B. SHELBY COUNTY FAILED TO DESIGN AND IMPLEMENT EROSION PREVENTION AND SEDIMENT CONTROLS IN ACCORDANCE WITH SECTIONS 3.5.3.1 AND 6.14 OF THE PERMIT. SILT FENCES THROUGHOUT THE SITE WERE NOT MAINTAINED, THE MAJORITY OF THE CULVERTS WERE NOT PROTECTED, EROSION