9/13/2016 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $31,035, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON MAR 23, 2015, EPA AND FDEP PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT THE DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER.
AS A RESULT OF THE CSWEI, AND SUBSEQUENT INVESTIGATIVE EFFORTS, EPA HAS DETERMINED THAT STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITY WAS DISCHARGED FROM THE DEVELOPMENT.
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, THE NOI WAS NOT POSTED AT THE DEVELOPMENT IN A PROMINENT PLACE FOR PUBLIC VIEWING (SUCH AS ALONGSIDE A BLDG PERMIT), IN VIOLATION OF THE PERMIT.
B. DURING THE CSWEI, EPA OBSERVED STORM DRAIN INLET PROTECTION THAT WAS INCORRECTLY INSTALLED AND DAMAGED, APPARENT LACK OF ADEQUATE WASTE CONTROLS (NO CONCRETE WASHOUT/PAINT WASHOUT LOCATION FOR CONTRACTOR USE), AND SITUATIONS WITH UNMAINTAINED SILT FENCE, IN VIOLATION OF THE PERMIT.
C. DURING THE CSWEI AND DURING THE REVIEW OF MATERIALS SUBMITTED TO EPA, EPA OBSERVED THAT RESPONDENT DID NOT MAINTAIN RECORDS OF AND/OR CONDUCT CONSISTENT SITE INSPECTIONS, AND/OR USE A QUALIFIED INSPECTOR FOR SOME INSPECTIONS, THAT MUST BE CONDUCTED EVERY 7 DAYS OR WITHIN 24 HOURS OF A RAINFALL EVENT OF 0.5 INCHES OR GREATER, IN VIOLATION OF THE PERMIT.
D. RESPONDENTS' INSPECTION REPORTS OF THE DEVELOPMENT DID NOT CON