3/13/14 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. ON JUNE 5, 2013, EPA PERFORMED A COMPLIANCE EVALUATION INSPECTION (CEI) AT THE RESPONDENT'S COAL PREPARATION PLANT. THE INSPECTIONS WERE PERFORMED PURSUANT TO CWA 308.
DURING THE CEI AND THE IN-OFFICE FILE REVIEW OF MATERIALS PROVIDED BY RESPONDENT POST-CEI, EPA OBSERVED THE FOLLOWING:
A. RESPONDENT'S BMPP, DATED JAN 1, 2013, WAS NOT ADEQUATE FOR THE REASONS LISTED BELOW:
- i. THE SITE DESCRIPTION DID NOT CONTAIN THE DNR-APPROVED MINE PLAN OR ANY LISTS OF OUTFALLS, REPRESENTATIVE OUTFALLS OR INSTREAM MONITORING LOCATIONS.
- ii. THE BMPP DID NOT CONTAIN ANY MAPS, INCLUDING A MINING AND RECLAMATION MAP, AND ENVIRONMENTAL RESOURCES INFORMATION MAP OR A SITE MAP IDENTIFYING THE LOCATION OF HAZARDOUS OR TOXIC MATERIALS.
- iii. THE FACILITY'S BMPP DATED JAN 1, 2013, DID NOT PROVIDE THE RATIONALE FOR SELECTION OF THE BMPs. ADDITIONALLY, THE BMP OBJECTIVES AND GENERAL PRACTICES SPECIFICALLY REFERRED TO A SPCC PLAN.
- i. THE FACILITY'S BMPP DATED JAN 1, 2013, STATED THAT ROUTINE INSPECTION OF THE EQUIPMENT AND FACILITIES SHALL BE CONDUCTED MONTHLY AND REPORTS ARE TO BE PREPARED AND STORED ON SITE FOR A MINIMUM OF 3 YRS. THE INSPECTION REPORTS WERE NOT MAINTAINED ON SITE AS STATED IN THE BMP. ADDITIONALLY, OUTFALLS INSPECTION REPORTS WERE ONLY AVAILABLE FOR THE FOLLOWING MONTHS: FEB 2012, JUNE 2012, SEPT 2012, NOV 2012 AND FEB 2013. INSPECTION REPORTS FOR THE SLURRY AND REFUSE IMPOUNDMENTS WERE AVAILABLE APPROX ON A WEEKL