5/23/17 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED.
ON NOV 16, 2016, EPA AND MDEQ PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) TO EVALUATE THE RESPONDENT'S COMPLIANCE WITH THE REQUIREMENTS OF CWA 301; THE REGS PROMULGATED THEREUNDER AT 40 CR 122.26; AND THE PERMIT.
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 AN DCLEANING ACTIVITIES WITH POTENTIAL EXPOSURE AND CONTRIBUTION TO STORMWATER CONTAMINATION.
B. THE FACILITY IS A CONCRETE PRODUCT MANUFACTURER (SIC CODE 3272) BUT HAS NOT SUBMITTED AN NOI FOR COVERAGE UNDER THE EXISTING PERMIT.
IN ACCORDANCE WITH CWA SEC 402(p) AND ITS IMPLEMENTING REGS, BASED ON THE CSWEI AND DUE TO THE HYDROLOGYT OF THE FACILITY AND HISTORIC RAINFALL DATA, EPA HAS DETERMINED THAT FROM JAN 2011 TO DEC 2016, STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITIES GENERALLY TRAVELED IN A SOUTH/SOUTHEASTERLY DIRECTION DISCHARGING DIRECTLY TO THE CANAL ALONG THE EAST SIDE OF THE SITE OR TOWARDS STORMDRAIN INLETS THAT EVENTUALLY DISCHARGED TO THE CANAL BY WAY OF A PONDING AREA. THE CANAL CONNECTS WITH FLAT BRANCH JUST SOUTH OF THE FACILITY WHICH IS PART OF THE MISSISSIPPI COASTAL WATERSHED.
FLAT BRANCH IS A TRADITIONALLY NAVIGABLE WATER OF THE U.S.
THEREFORE, RESPONDENT HAS VIOLATED CWA 301 BY DISCHARGING STORMWATER W/OUT PROPER AUTHORIZATION TO