9/11/14 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. ON JUNE 2, 2014, EPA SENT AN INFO REQUEST PURSUANT TO CWA 308 TO RESPONDENT WITH RESPECT TO THE NATURE OF ITS INDUSTRIAL ACTIVITIES, AND ASSOCIATED STORMWATER DISCHARGES. ON JULY 11, 2014, EPA CONDUCTED A SITE VISIT AT RESPODENT'S PLACE OF BUSINESS. RESPONDENT'S CONSULTANT MET EPA ONSITE AND PROVIDE A SITE TOUR AND RESPONDENT'S PERMIT HISTORY. BASED ON CONSULTANT'S INFO AND THE EPA SITE VISIT, EPA DETERMINED THAT:
A. FACILITY HAS STORMWATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY FROM AN AUTOMOBILE SALVAGE YARD AS IDENTIFIED BY 40 CFR 122.26(b)(14)(vi) AND SIC 5015 AND IS THEREFORE SUBJECT TO THE PROVISIONS OF SECTION 402(p) OF THE CWA AND THE GEPD JUNE 1, 2012 PERMIT.
B. RESPONDENT HAS FAILED TO SUBMIT AN NOI REQUESTING COVERAGE UNDER THE JUNE 1, 2012 PERMIT.
THEREFORE, RESPONDENT HAS VIOLATED CWA 301 AND 402(p) FOR FAILURE TO OBTAIN AN NPDES PERMIT FOR A FACILITY THAT HAS STORMWATER DISCHARGES AND CONDUCTS INDUSTRIAL ACTIVITIES AS DEFINED BY CWA IMPLEMENTING REGULATIONS.