9/29/15 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $13,500, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON 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, 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 UNNAMED TRIBUTARIES TO BENTLEY AND COBB CREEKS. COBB CREEK FLOWS INTO BENTLEY CREEK, WHICH FLOWS INTO BIG CREEK, WHICH FLOWS INTO THE CHATTAHOOCHEE RIVER, A TRADITIONAL NAVIGABLE WATER OF THE U.S.
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; THE SIGNED AND CERTIFIED STATEMENT FROM THE DESIGN PROFESSIONAL PREPARING THE PLAN IN VIOLATION OF THE PERMIT; A SITE-SPECIFIC MAP INDICATING THE LOCATIONS OF THE MAJOR STRUCTURAL AND NONSTRUCTURAL CONTROLS IDENTIFIED IN THE PLAN IN VIOLATED OF THE PERMIT; ACCURATE IDENTIFICATION OF ALL RECEIVING WATERS FOR POTENTIAL DISCHAR