6/25/20 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT WAS ISSUED.
ORDER STATES:
AT ALL TIMES RELEVANT TO THIS ACTION, THE RESPONDENTS OWNED AND/OR OPERATED A MULCH PRODUCTION FACILITY KNOWN AS SUPERIOR MULCH AND A SOIL PRODUCTION FACILITY KNOWN AS ATLAS PEAT & SOIL, BOTH LOCATED ON THE SAME PROPERTY (FACILITY).
ON AUGUST 27, 2019, THE EPA ISSUED AN INSPECTION REPORT TO THE RESPONDENT. ON APRIL 13, 2020, THE EPA ISSUED A NOTICE OF POTENTIAL VIOLATION AND SECTION 308 INFORMATION REQUEST TO THE RESPONDENT.
IN ACCORDANCE WITH SECTION 402(P) OF THE CWA, 33 U.S.C. SECTION 1342(P), AND ITS IMPLEMENTING REGULATIONS, BASED ON THE CSWEI AND DUE TO THE HYDROLOGY OF THE FACILITY AND HISTORIC RAINFALL DATA, THE EPA HAS DETERMINED THAT FROM THE TIME INDUSTRIAL OPERATIONS AT THE FACILITY BEGAN, TO PRESENT, STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY GENERALLY DISCHARGED FROM THE FACILITY VIA SHEET FLOW AND AN UNNAMED DRAINAGE DITCH ON THE WEST SIDE OF THE FACILITY, TO AN UNNAMED WETLAND, THEN TO WCAL SOUTH SECTOR (WBID 3252E) WHICH IS AN EVERGLADES MARSH IN THE LOXAHATCHEE NATIONAL WILDLIFE REFUGE. THE UNNAMED DRAINAGE DITCH OUTFALLS TO E-1 CANAL (WBID 3262B) TO THE EAST SIDE OF THE FACILITY. THE E-1 CANAL CONNECTS TO THE C. STANLEY WEAVER CANAL WHICH CONNECTS TO BOYNTON CANAL AND THEN TO THE INTERCOASTAL WATERWAY.
THE INTERCOASTAL WATERWAY IS A TRADITIONALLY NAVIGABLE WATER OF THE UNITED STATES AS DEFINED BY SECTION 502(7) OF THE CWA, 33 U.S.C. ? 1362(7) AND ITS IMPLEMENTI