12/8/20 - INDUSTRIAL STORMWATER EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY AMOUNT OF $10,000.
ALLEDGED VIOLATIONS:
Section 402(p)(2)(B) of the CWA, 33 U.S.C. Section 1342(p(2)(B), and its implementing regulations at 40 C.F.R. Section 122.26(b)(14)(vi), as referenced above, require that an industrial facility discharging stormwater into a surface water of the United States must obtain an NPDES permit. The EPA?s industrial stormwater guidance anticipates potential discharges from an industrial site to occur with rain events greater than 0.1 inch. In EPA's industrial penalty policy, 0.5 inches during a 24-hour period is used as the benchmark for likely
stormwater runoff. According to the rain data available for this area, forty-five (45) months during the period of December 2015 to April 2020 have had one or more daily rain events greater than 0.5 inches. Due to the hydrology of the Facility, which consists entirely of
impervious surfaces, the EPA has determined that from December 2015 to April 2020, stormwater associated with industrial activities generally traveled to either the water conveyance along the east side of the property, parallel to the railroad track, or to the
conveyance paralleling the adjacent road on the west side of the property. These conveyances direct runoff south to the section of Bacon Creek roughly 0.1 mile south of the facility. Bacon Creek then flows east to Lynn Camp Creek roughly 0.15 mile east of the facility. Lynn Camp Cree