6/19/17 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED.
ALLEGATIONS:
ON NOV 14, 2016, EPA, IN CONJUNCTION WITH MDEQ, PERFORMED A COMPLIANCE STORMWATER EVALUATION (CSWEI) AT RESPONDENT'S FACILITY TO EVALUATE RESPONDENT'S COMPLIANCE WITH THE REQUIREMENTS OF CWA 301; THE REGS PROMULGATED THEREUNDER AT 40 CFR 122.26, AND THE PERMIT.
ON JAN 19, 2017, EPA ISSUED A CSWEI REPORT TO RESPONDENT. DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING:
A. THE FACILITY HAD OUTDOOR INDUSTRIAL PROCESSES, INCLUDING BUT NOT LIMITED TO, PROCESS EQUIPMENT, MATERIAL STORAGE, PRODUCT STORAGE, AND EQUIPMENT MAINTENANCE AND CLEANING ACTIVITIES WITH POTENTIAL EXPOSURE AND CONTRIBUTION TO STORMWATER CONTAMINATION.
B. THE FACILITY IS A CONCRETE BLOCK MANUFACTURER (SIC CODE 3271) BUT HAS NOT SUBMITTED AN NOI FOR COVERAGE UNDER THE EXISTING PERMIT.
IN ACCORDANCE WITH CWA 402(p), AND ITS IMPLEMENTING REGS, BASED ON THE CSWEI AND DUE TO THE HYDROLOGY OF THE FACILITY AND HISTORIC RAINFALL DATA, EPA HAS DETERMINED THAT FROM JAN 2011 TO DEC 2016, STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY GENERALLY TRAVELED IN A NORTH/NORTHEASTERLY DIRECTION AND DISCHARGED IN THE UNNAMED TRIBUTARY TO THE LEAF RIVER WHICH RUNS ALONG THE NORTHERN BORNER OF THE SITE.
AGREEMENT ON CONSENT:
A. RESPONDENT SHALL CEASE ALL UNAUTHORIZED DISCHARGES OF STORMWATER FROM INDUSTRIAL ACTIVITY FROM THE FACILITY TO WATERS OF THE U.S. WITHOUT A CWA NPDES PERMIT WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS AOC.