8/1/16 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $41,250, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON SEPT 9, 2014, EPA, GAEPD, AND DEKALB COUNTY PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER.
ON FEB 10, 2015, EPA ISSUED AN NOV FOR VIOLATIONS OF THE CWA AND THE PERMIT.
ON MAR 12, 2015, A SHOW CAUSE METTING WAS HELD. RESPONDENT PROVIDED DOCUMENTATOIN OF HOW THEY HAD ADDRESSED SOME OF THE VARIOUS DEFICIENCIES ALLEGED IN THE NOV.
ON MAR 26, 2015, EPA ISSUED AN INFO REQUEST LETTER REQUESTING ADD'L INFO.
BASED ON THE CSWEI AND THE ADD'L INFO, EPA HAS DETERMINED THAT RESPONDENT FAILED TO COMPLY WITH THE CWA, ITS IMPLEMENTING REGS, AND THE PERMIT:
A. THE FOLLOWING BMPs AT THE SITE WERE NOT CONSTRUCTED IN ACCORDANCE TO THE MANUAL FOR EROSION AND SEDIMENT CONTROL IN GEORGIA, IN VIOLATION OF THE PERMIT:
- PORTIONS OF THE SILT FENCING ALONG THE WESTERN BORDER OF THE SITE WAS OBSERVED TO HAVE BEEN EITHER TOPPLED OR WITH SEDIMENT EXCEEDING 1/2 OF THE HEIGHT OF THE FENCING.
- CHANNELING WAS OBSERVED UNDER THE SILT FENCING NEAR THE STOCKPILE AT THE SOUTH END OF THE SITE.
- PORTIONS OF SILT FENCING ALONG THE WESTERN BORDER OF THE SITE WERE NOT GIVEN THE REQUIRED MINIMUM OF 10 FT OF SETBACK FROM THE BASE OF THE SLOPE;
- DIVERSIONS ALONG THE NORTHEASTERN PORTION OF THE SITE LEADING TO TEMPORARY POND 1 WERE NOT CONSTRUCTED WITH THE APPROPRIATE SHAPE OR PROPERLY STABILIZED;
- THE ROCK CHECK DAM