9/30/15 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $45,000, DUE WITHIN 30 DAYS.
ON NOV 5, 2014, THE EPA, GAEPD AND THE CITY OF ATLANTA PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT THE DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER IN ACCORDANCE WITH THE CWA, ITS IMPLEMENTING REGULATIONS AT 40 CFR 122.26 AND THE PERMIT.
AS A RESULT O THE CSWEI, EPA HAS DETERMINED THAT STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITY WAS DISCHARGED FROM THE DEVELOPMENT WITHIN THE MEANING OF CWA 402(p) AND ITS IMPLEMENTING REGS, INTO THE CITY OF ATLANTA'S MUNICIPAL SEPARATE STORM SEWER (MS4) STORMWATER COLLECTION SYSTEM, WHICH FLOWS THROUGH THE CITY'S NORTH AVENUE (CSO) TO THE RM CLAYTON WASTEWATER TREATMENT PLANT. THE NORTH AVE CSO PERIODICALLY DISCHARGES TO PROCTOR CREEK WHICH IS A TRADITIONAL NAVIGABLE WATER OF THE U.S.
THE CSWEI AND OTHER INFO INDICATE THAT:
A. THE STORMWATER COLLECTION SYSTEMS ALONG THE NW AND NORTH SIDE OF THE PROPERTY WERE RECEIVING NON-STORMWATER DISCHARGES, SPECIFICALLY CONCRETE WASHOUT WATER AND DRILLING LIQUIDS IN VIOLATION OF THE PERMIT.
B. THE CONCRETE WASHOUT AREA AND DRILLING LIQUIDS PIT OBSERVED DURING THE CSWEI WERE NOT IDENTIFIED IN THE PLAN AS AUTHORIZED STORMWATER OUTFALLS, IN VIOLATION OF THE PERMIT.
C. THE CONCRETE WASHOUT AREA DID NOT MEET THE DESIGN REQUIREMENT FOR SUCH AREA IN THE PLAN, AS IT DID NOT CONTAIN A PLASTIC/VINYL LINING TO PREVENT THE WASHOUT WATER FROM ESCAPING OR SEEPING