9/13/16 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $20,000, DUE WITHIN 30 DAYS.
ON MARCH 25, 2015, EPA, FDEP, AND ORANGE COUNTY 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.
ON JULY 1, 2015, EPA SENT RESPONDENT A REQUEST FOR INFO REQUESTING RESPONDENT TO PROVIDE RESPONDENT INFO SPECIFIC TO RECORDS AND DOCUMENTS RELATED TO THE PERMIT. ON JULY 16, 2015, THE RESPONDENT PROVIDED ITS RESPONSE TO THE RFI. ON AUG 5, 2015, RESPONDENT PROVIDED ADD'L INFO RESPONSIVE TO THE RFI. AS A RESULT OF THE CSWEI, RESPONSE TO THE RFI AND SUBSEQUENT INVESTIGATIVE EFFORTS, 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.
BASED ON THE CSWEI AND REVIEW OF ADD'L INFO, EPA ALLEGES THAT RESPONDENT HAS FAILED TO COMPLY WITH THE CWA, ITS IMPLEMENTING REGS AND THE PERMIT, AS FOLLOWS:
A. DURING THE CSWEI, EPA OBSERVED INLET PROTECTION THAT WAS INCORRECTLY INSTALLED AND DAMAGED, APPARENT LACK OF ADEQUATE WASTE CONTROLS (NO CONCRETE WASHOUT/PAINT WASHOUT LOCATION FOR CONSTRACTOR USE), AND SITUATIONS WITH UNMAINTAINED SILT FENCE, IN VIOLATION OF THE PERMIT.
B. DURING THE CSWEI, EPA OBSERVED THAT THE SWPPP WAS NOT SIGNED BY THE RESPONDENT PRIOR TO FILING OF THE NOI, IN VIOLATION OF THE