7/25/16 - ADMINISTRATIVE ORDER ON CONSENT ISSUED.
ALLEGATIONS:
ON FEB 9, 2016, REPRESENTATIVES OF EPA AND NCDEQ PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT THE HALLMAN FOUNDRY TO EVALUATE RESPONDENTS' COMPLIANCE WITH THE REQUIREMENTS OF CWA 301 AND 402(p); THE REGS PROMULGATED THEREUNDER AT 40 CFR 122.26; AND THE PERMIT.
DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING:
A. RESPONDENTS HAVE SEVERAL UNCOVERED INDUSTRIAL AREAS OUTDOORS WITH EXPOSURE TO STORMWATER RUNOFF, INCLUDING OUTDOOR SCRAP METAL STORAGE, SLAG STORAGE, SAND STORAGE, EQUIPMENT STORAGE, OIL AND CHEMICAL STORAGE, AND MAINTENANCE OPERATIONS.
B. RESPONDENTS, WHICH OPERATE A DUCTILE IRON FOUNDRY UNDER SIC CODE 3321 HAVE FAILED TO SUBMIT A NOI REQUESTING COVERAGE UNDER THE PERMIT DATED NOV 1, 2012.
BASED ON THE CSWEI AND DUE TO THE HYDROLOGY OF THE FACILITY AND HISTORIC RAINFALL DATA, EPA HAS DETERMINED THAT FROM NOV 2011 TO MAY 2016, STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY GENERALLY DISCHARGED FROM THE FACILITY THRU STORMWATER DRAINS AND SHEET FLOW TO A DRAINAGE DITCH WHIHC ULTIMATELY DISCHARGES TO LITTLE BUFFALO CREEK.
LITTLE BUFFALO CREEK IS A TRIBUTARY TO THE DEEP RIVER, A TRADITIONALLY NAVIGABLE WATER OF THE U.S.
THEREFORE, RESPONDENTS HAVE VIOLATED CWA 301 BY DISCHARGING STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY W/OUT PROPER AUTHORIZATION.
AGREEMENT ON CONSENT:
A. RESPONDENTS SHALL CEASE ALL UNAUTHORIZED DISCHARGES OF STORMWATER FROM