9/27/2013 - ADMIN ORDER ON CONSENT ISSUED. ON AUG 13-16, 2012, EPA CONDUCTED A CEI OF THE BTF AND THE INDUSTRIAL SITE TO EVALUATE RESPONDENT'S COMPLIANCE WITH THE PERMIT AND THE CWA. THE CEI IDENTIFIED DEFICIENCIES RELATED TO PRESERVATION METHODS USED TO ANALYZE SAMPLES, BEST MGMT PRACTICE DEFICIENCIES RELATED TO THE STORMWATER CONTROLS AND 4 NON-STORMWATER DISCHARGES DRAINING TO THE STORMWATER RETENTION POND, WHICH CAPTURES THE STORMWATER RUNOFF ULTIMATELY DISCHARGING THRU OUTFALL DSN002. EPA FOUND THAT ONE OF THOSE DISCHARGES WAS NOT SPECIFICALLY INCLUDED IN THE PERMIT AND THE OTHERS WERE NOT DISCHARGING IN ACCORDANCE WITH THE PERMIT.
ON MAY 10, 2013, EPA SENT A LETTER OF CONCERN ISSUED UNDER CWA 308 TO RESPONDENT REGARDING ALLEGED DEFICIENCIES IDENTIFIED DURING INSPECTION. THE LOC ALSO ALLEGED TWO AMMONIA NITROGEN EFFLUENT LIMITS EXCEEDANCES FOR THE PERIOD COVERING JAN 1, 2010 THRU DEC 31, 2012. THE LOC REQUESTED INFO ON CORRECTIVE ACTIONS PLANNED OR TAKEN TO ADDRESS THE DEFICIENCIES AND EFFLUENT LIMIT EXCEEDANCES.
ON JUNE 17, 2013, RESPONDENT PROVIDED A RESPONSE TO THE LOC. THE RESPONSE ADDRESSED ALL OF THE DEFICIENCIES WITH THE EXCEPTION THAT IT STATED THAT THE RESPONDENT BELIEVED THE NPDES APPLICATION ALLOWED FOR THESE TYPES OF NON-STORMWATER DISCHARGES AND THAT 3 OF THESE DISCHARGES WERE REFLECTED AS MISCELLANEOUS DISCHARGES IN RESPONDENT'S APPLICATION FOR THE PERMIT. THE 4TH DISCHARGE REFLECTED A RELEASE FROM A JEFFERSON COUNTY PIPELINE THAT HAS BEEN REPAIRED