20210218 - EXPEDITED SETTLEMENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $20,000. RESPONDENT SHALL MAKE PAYMENT WITHIN 30 DAYS.
ALLEGED VIOLATIONS:
On March 27, 2019, the EPA issued an Information Request pursuant to Section 308 of the
Clean Water Act, 33 U.S.C ? 1318, to the Van Smith Company, Inc. from which information
was also provided for the Respondent.
Section 402(p)(2)(B) of the CWA, 33 U.S.C. ? 1342(p(2)(B), and its implementing
regulations at 40 C.F.R. ?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, fifty-two (52) months
during the period of May 2015 to April 2020 have had one or more daily rain events greater
than 0.5 inches. Due to the hydrology of the Facility and rainfall data, the EPA has
determined that from May 2015 to April 2020, stormwater associated with industrial
activities generally traveled to the retention pond and the drainage ditch along the east side of
the site. This drainage ditch directs runoff to the drainage ditch along Highway 78 which
flows southeast and in