5/26/17 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED.
FINDINGS:
ON NOV 9, 2016, REPRESENTATIVES OF EPA, IN CONJUNCTION WITH MDEQ, PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (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 FEB 2, 2017, EPA ISSUED AN INSPECTION REPORT TO RESPONDENT.
DURING THE CSWEI, EPA INSPECTORS OBSERVED, AMONG OTHER THINGS, THE FOLLOWING:
A. THE FACILITY HAD OUTDOOR INDUSTRIAL PROCESSES, INCLUDING BUT NOT LIMITED TO, OUTDOOR WASTE MATERIAL STORAGE IN OPEN BARRELS, OPEN-TOP DUMPSTERS, AND GENERAL HOUSEKEEPING ISSUES WITH POTENTIAL EXPOSURE AND CONTRIBUTION TO STORMWATER CONTAMINATION.
B. THE FACILITY IS A PHARMACEUTICAL MANUFACTURING FACILITY (SIC CODE 2834), BUT HAS NOT SUBMITTED A BNOI FOR COVERAGE UNDER THE EXISTING PERMIT OR OBTAINED A NO EXPOSURE CERTIFICATION.
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 APR 2014 TO PRESENT, STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY GENERALLY DISCHARGED FROM THE FACILITY BY SHEET FLOW OVER THE CONCRETE AREA SOUTH OF THE WAREHOUSE TO THE VEGETATED DITCHES WEST AND SOUTH OF THE WAREHOUSE BLDG OR THRU STORMWATER DRAINS LOCATED NEAR THE LOADING DOCKS OF THE WAREHOUSE WHICH DISCHARGE TO THE VEGETATED DITCHES. THE VEGETATED DITCHES