8/16/16 - ADMINISTRATIVE ORDER ON CONSENT ISSUED.
ORDER STATES:
ON FEBRUARY 16, 2016, REPRESENTATIVES OF EPA, IN CONJUNCTION WITH THE NCDEQ, PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION ( CSWEI ) AT RESPONDENT'S FACILITY TO EVALUATE THE RESPONDENT'S COMPLIANCE WITH THE REQUIREMENTS OF SECTIONS 301 AND 402(p) OF THE CWA.
DURING THE CSWEI, THE EPA INSPECTORS OBSERVED THE FOLLOWING:
THE RESPONDENT HAS INDUSTRIAL PROCESS AND/OR STORAGE AREAS WITH EXPOSURE TO STORMWATER RUNOFF; INCLUDING THE LIVE ANIMAL HOLDING AREAS, WASTE PRODUCT STORAGE AREAS, AND WASTE LOADING PROCESSES.
THE RESPONDENT, WHICH IS A BEEF PACKING FACILING UNDER SIC CODE 2011, HAS FAILED TO SUBMIT A NOI REQUESTING COVERAGE UNDER THE DECEMBER 1, 2012 PERMIT.
IN ACCORDANCE WITH SECTION 402(p) OF THE DCWA, AND ITS IMPLEMENTING REGULATIONS, AND BASED ON THE CSWEI AND THE HYDROLOGY OF THE FACILITY AND HISTORIC RAINFALL DATA, THE EPA HAS DETERMINED THAT FROM OCTOBER 1, 1992 TO JUNE 2016, STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY GENERALLY DISCHARGED FROM THE FACILITY THROUGH STORMWATER DRAINS THROUGHOUT THE FACILITY TO THE DRAINAGE DITCHES WHICH ULTIMATELY DISCHARGE TO HASKETT CREEK.
HASKETT CREEK IS A TRIBUTARY TO THE DEEP RIVER, A TRADITIONALLY NAVIGABLE WATER OF THE UNITED STATES.
THEREFORE, THE RESPONDENT HAS VIOLATED SECTIONS 301 AND 402(p) OF THE CWA., DISCHARGING STORMWATER WITHOUT PROPER AUTHORIZATION TO WATERS OF THE UNITED STATES.
ORDER REQUIRES:
THE RESPONDENT SHALL