10/27/16 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $44,230, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON AUG 27, 2014, EPA PERFORMED A COMPLIANCE INSPECTION (CI) TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER. ON FEB 10, 2015, EPA ISSUED A NOTICE OF VIOLATION (NOV) TO RESPONDENT FOR VIOLATIONS OF THE CWA AND THE PERMIT OBSERVED BY EPA DURING THE CI AND REQUESTED THAT RESPONDENT CONTACT EPA TO SCHEDULE A SHOW CAUSE MEETING.
ON APR 14, 2015, A SHOW CAUSE MEETING WAS HELD TO DISCUSS THE ALLEGED VIOLATIONS IN THE NOV. AT THE SHOW CAUSE MEETING, RESPONDENT PROVIDED DOCUMENTATION OF HOW IT ADDRESSED OR WOULD ADDRESS ALL OF THE DEFICIENCIES ALLEGED IN THE NOV.
BASED ON THE CI, EPA DETERMINED THAT RESPONDENT FAILED TO COMPLY WITH THE CWA, ITS IMPLEMENTING REGS, AND THE PERMIT AS FOLLOWS:
A. THE FOLLOWING DEFICIENCIES WERE OBSERVED WITH RESPONDENT'S COMPLIACNE WITH THE NON-NUMERIC TECHNOLOGY BASED EFFLUENT LIMITS IN VIOLATION OF THE PERMIT.
- MAINTENANCE AND/OR HOUSEKEEPING ISSUES WERE OBSERVED. AT THE TANKER TRUCK LOADING AREA THERE WAS EVIDENCE OF PRIOR SPILLS AROUND THE STORM DRAIN INLET. AT THE STAGING AREA AND THE USED OIL PUMP STATION THE CONTAINMENT STRUCTURE SHOWED SIGNS OF STAINING WHICH COULD BE EXPOSED TO STORMWATER. IN THE CHLORINE HOLDING TANK SECONDARY CONTAINMENT STRUCTURE THE VALVE WAS IN THE OPEN POSITION DURING THE INSPECTION, WHICH COULD RESULT IN A RELEASE OF CHLORINE.
- THERE WERE STORAGE AND STAGING AREAS THAT WERE NOT IDENTIFIED IN THE