1/22/14 - ADMIN ORDER ON CONSENT ISSUED.
ON MAY 5 AND 8, 2012, EPA PERFORMED A COMPLIANCE SAMPLING INSPECTION (CSI) AT RESPONDENT'S COAL PREP PLANT. A COMPLIANCE EVALUATION INSPECTION (CEI) WAS CONDUCTED ON JULY 17-19, 2012. DURING THE CSI AND CEI, EPA OBSERVED:
A. ON JULY 18, 2012, EPA OBSERVED DARK BROWN TO BLACK STORMWATER RUNOFF FROM THE COAL REFUSE PILE AREA AND THE HAUL ROAD DIRECTLY FLOWING INTO HOPKINS CREEK.
B. RESPONDENT'S BMPP, DATED MAY 15, 2012, DOES NOT CONTAIN INFO ABOUT INSPECTION RECORDS, INSPECTION PROCEDURES AND FREQUENCIES, OR IDENTIFY THE LOCATION OF WHERE THESE RECORDS WILL BE STORED.
C. PLANT HAS 3 REPRESENTATIVE OUTFALLS TO HOPKINS CREEK IN SEC 1.1 OF THE PERMIT, BUT A 4TH UNPERMITTED OUTFALL WAS OBSERVED IN MAY 2012.
D. RESPONDENT DID NOT SUBMIT A QAPP KDEP DEPT OF WATER (DOW) UNTIL JAN 12, 2012. THIS WAS 6 MONTHS AFTER ISSUANCE OF THE KPDES PERMIT. RESPONDENT WAS REQUIRED TO SUBMIT THE QAPP WITHIN 30 DAYS AFTER ISSUANCE OF THE KPDES PERMIT.
E. RESPONDENT DID NOT REPORT OIL AND GREASE ANALYTICAL DATA ON THE DMRs FROM JUL 2011 TO MAY 2012.
F. RESPONDENT DID NOT REPORT TOTAL DISSOLVED SOLIDS AND TOTAL HARDNESS ON THE DMRs FROM JUL 2011 TO DEC 2011.
G. PERMITTEE DID NOT AT ALL TIMES IMPLEMENT A BMPP WITH ADEQUATE EROSION PREVENTION MEASURES AND SEDIMENT CONTROL MEASURES.
- i. COAL AND COAL DUST WERE OBSERVED ON THE ROAD ADJACENT TO THE LOADING/UNLOADING AREA AND ON THE ROAD ENTERING THE REFUSE PILE AREA. AT BOTH LOCATIONS, THE ROAD IS ADJ