3/30/17 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $131,856, DUE WITHIN 30 DAYS.
ALLEGATIONS: ON FEB 10, 2016, EPA AND NCDEQ PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT THE FACILITY TO EVALUATE RESPONDENT'S COMPLIANCE WITH THE REQUIREMENTS OF CWA 301 AND 402(p) AND THE REGS PROMULGATED THEREUNDER AT 40 CFRR 122.26.
DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING:
A. THE FACILITY HAS SEVERAL INDUSTRIAL AREAS WITH EXPOSURE TO STORMWATER RUNOFF, INCLUDING EXPOSED STORAGE AREA ( BONE YARD ), EXPOSED STORAGE AREA ( LAYDOWN YARD ), EMPLOYEE PARKING WITH TANKER RECEIVING, AND LOADING DOCK AREA.
B. THE FACILITY IS A FOOD AN DKINDRED PRODUCTS PROCESSOR (SIC CODE 2035, PICKLES, SAUCES, AND SALAD DRESSINGS), AND IN ACCORDANCE WITH 40 CFR 122.26(b)(14)(xi), STORMWATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY, FOR WHICH A NPDES PERMIT IS REQUIRED, INCLUDES DISCHARGE FROM FACILITIES IDENTIFIED BY THIS SIC CODE.
C. THE FACILITY THAT IT FAILED TO SUBMIT A NOTICE OF INTENT (NOI) SEEKING COVERAGE UNDER THE PERMIT.
FROM OCT 1, 1992 TO JULY 5, 2016, STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY WAS DISCHARGED FROM THE FACILITY THRU THE OUTFALLS AT THE PARKING LOT ON THE SOUTH SIDE OF THE PROPERTY BY VINE STREET AND THE SOUTHEASTERN SIDE OF THE PROPERTY ON CUCUMBER BLVD OF THE SITE AND THRU SHEET FLOW ALONG THE MATERIAL STORAGE AREA ON WESTERN SIDE OF THE PROPERTY BY THE NATIONAL GUARD ARMORY, AND ALONG THE WESTERN SIDE OF THE PROPER