6/22/15 - ADMINISTRATIVE ORDER ON CONSENT ISSUED.
ON JAN 29, 2015, EPA, GAEPD AND THE CITY OF ATLANTA PERFORMED A COMPLIANCE INSPECTION (CI) AT THE FACILITY TO EVALUATE THE RESPONDENT'S OCMPLIANCE WITH THE REQUIREMENTS OF CWA 301 AND 402(p); THE REGULATIONS PROMULGATED THEREUNDER AT 40 CFR 122.26; AND THE STORMWATER PERMIT.
STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY IS GENERALLY DISCHARGED FROM THE FACILITY THRU TWO OUTFALLS AND SHEET FLOW TO THE CITY OF ATLANTA MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) WHICH ULTIMATELY DISCHARGES TO PROCTOR creek.
PROCTOR CREEK IS A TRIBUTARY TO THE CHATTAHOCHEE RIVER, WHICH IS A NAVIGABLE WATER AND A WATER OF THE U.S..
DURING THE CI, EPA OBSERVED THE FOLLOWING:
A. THE FACILITY HAS SEVERAL INDUSTRIAL AREAS WITH EXPOSURE TO STORMWATER RUNOFF, INCLUDING VEHICLE STORAGE AND MAINTENANCE OPERATIONS, FUELING AREAS, MATERIAL STORAGE, ABRASION OPERATIONS, AND ASPHALT MILLING OPERATIONS.
B. RESPONDENT HAS FAILED TO SUBMIT A NOI REQUESTING COVERAGE UNDER THE JUNE 1, 2012 PERMIT.
ON FEB 10, 2015, EPA ISSUED A LETTER OF CONCERN TO RESPONDENT REQUESTING THAT RESPONDENT PROVIDE INFO PERTAINING TO FACILITY'S SIC CODE AND TO ANY CURRENT OR PRIOR NPDES PERMIT COVERAGE AT THE FACILITY.
ON FAB 17, 2015, RESPONDENT PROVIDED A RESPONSE TO EPA'S LETTER OF CONCERN, CONFIRMING THAT THE FACILITY HAD PREVIOUS NPDES PERMIT COVERAGE FOR DISCHARGES TO PROCTOR CREEK.
A. RESPONDENT HAD SUBMITTED A NOI TO GAEPD ON OCT 18, 2001 FOR NPDES PERMIT