9/29/15 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $30,000 DUE WITHIN 30 DAYS.
ALLEGATIONS:
MARCH 12, 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, THE 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 TWO UNNAMED TRIBUTARIES TO BIG CREEK. BIG CREEK FLOWS INTO THE CHATTAHOOCHEE RIVER.
BASED ON THE CSWEI AND REVIEW OF ADD'L INFO, EPA HAS DETERMINED THAT RESPONDENT HAS FAILED TO COMPLY WITH THE CWA, ITS IMPLEMENTING REGS, AND THE PERMIT AS FOLLOWS:
A. NUMEROUS PLAN DEFICIENCIES WERE OBSERVED DURING THE CSWEI. SPECIFICALLY, THE PLAN DID NOT INCLUDE THE FOLLOWING: THE REQUIRED CHECKLIST ESTABLISHED BY THE STATE SOIL AND WATER CONSERVATION COMMISSION IN VIOLATION OF THE PERMIT; A SITE-SPECIFIC MAP INDICATING THE LOCATIONS OF THE MAJOR STRUCTURAL AND NONSTRUCTURAL CONTROLS IDENTIFIED IN THE PLAN IN VIOLATION OF THE PERMIT; AND THE REQUIRED NARRATIVE ON THE SAMPLING METHODOLOGY, ANALYTICAL METHODS, AND QUALITY CONTROL/QUALITY ASSURANCE PROCEDURES USED FOR EACH SAMPLING LOCATION IN VIOLATION OF THE PERMIT.
B. SAMPLING AND MONITORING RECORDS DID NOT CONTAIN THE NECESSARY INFO REQUIRED BY THE PERMIT. SPECIFICALLY, TH