9/29/15 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $$12,000, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON MARCH 13, 2014, EPA PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT THE DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER IN ACCORDANCE WITH THE CWA, THE REGS PROMULGATED THEREUNDER AT 40 CFR 122.26 AND THE PERMIT. AS A RESULT OF 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 AN UNNAMED TRIBUTARY TO NORTH FORK PEACHTREE CREEK. NORTH FORK PEACHTREE CREEK FLOWS INTO PEACHTREE CREEK WHICH DIRECTLY CONNECTS TO THE CHATTAHOOCHEE RIVER.
BASED ON THE CSWEI AND A REVIEW OF ADD'L INFO, EP HAS DETERMINED THAT RESPONDENT HAS FAILED TO COMPLY WITH THE CWA, THE REGS, AND THE PERMIT AS FOLLOWS:
A. DURING THE CSWEI, EPA OBSERVED POTABLE WATER OVERFLOWING FROM A 55-GAL DRUM AND DISCHARGING OFFSITE. POTABLE WATER IS AN AUTHORIZED NON-STORMWATER DISCHARGE WHEN IT IS EXPLICITLY LISTED IN THE SITE'S EROSION AND SEDIMENT CONTROL PLAN AS SET FORTH IN THE PERMIT. RYLAND DID NOT EXPLICITLY LIST POTABLE WATER DISCHARGES AND ANY NECESSARY CONTROL MECHANISMS IN ITS PLAN OR IMPLEMENT ANY SUCH MECHANISMS AS REQUIRED IN THE PERMIT.
B. A REVIEW OF THE INSPECTION RECORDS SUBMITTED BY THE PERMITTEE FROM OCT 8, 2011, TO MAR 13, 2014, REVEALED THAT DAILY INSPECTIONS WERE NOT CONSISTENTLY PERFORMED DURING WEEKENDS W