8/31/17 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED.
ON FEB 15, 2015, EPA AND GAEPD PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION AT RESPONDENT'S FACILITY. ON JULY 14, 2016, EPA ISSUED A NOTICE OF VIOLATION AND OPPORTUNITY TO SHOW CAUSE TO RESPONDENT.
DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING:
A. MATERIALS FROM AUTO RECLAMATION AND SCRAP METAL RECLAMATION WERE OBSERVED UNCOVERED OUTDOORS, ALONG WITH AUTOMOTIVE FLUIDS IN PUDDLES ON THE GROUND AND IN EXPOSED CONTAINERS.
B. RESPONDENT HAD NOT SUBMITTED A NOI TO BE COVERED UNDER THE 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 DEC 13, 2000, TO MAY 26, 2016, STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY GENERALLY DISCHARGED FROM THE FACILITY THRU A STORMWATER DITCH LOCATED NEAR THE CENTRAL EAST SIDE OF THE FACILITY TO AN UNNAMED TRIBUTARY TO PROCTOR CREEK. PROCTOR CREEK IS A TRIBUTARY TO THE CHATTAHOOCHEE RIVER, A TRADITIONALLY NAVIGABLE WATER OF THE U.S.
THEREFORE, RESPONDENT HAS VIOLATED CWA 301 AND 402(p) BY DISCHARGING STORMWATER WITHOUT PROPER AUTHORIZATION TO WATERS OF THE U.S.
AGREEMENT ON CONSENT:
A. RESPONDENT SHALL CEASE ALL UNAUTHORIZED DISCHARGES OF STORMWATER FROM INDUSTRIAL ACTIVITY FROM THE FACILITY TO WATERS OF THE U.S. W/OUT A CWA NPDES PERMIT WITHIN 150 DAYS.
B. IF RESPONDENT INTENDS TO COMPLY BY OBTAINING A CWA