20210121 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $90,500. RESPONDENT SHALL MAKE PAYMENT WITHIN 30 DAYS.
ALLEGED VIOLATIONS:
On December 13, 2018, the EPA performed a Compliance Stormwater Evaluation Inspection
(CSWEI) to evaluate Respondent's treatment and disposal of stormwater at the Facility and
assess compliance with the CWA, the regulations promulgated thereunder at 40 C.F.R. ? 122.26,
and the Permit.
As a result of the CSWEI, the EPA has determined that stormwater associated with industrial
activities discharged without proper authorization under the Permit. The EPA anticipates
potential discharges from an industrial site to occur with rain events greater than 0.1 inch.
According to the rain data available from a local weather station, twenty-six(26) months during
the period of October 2017 to November 2019 have had one or more daily rain events greater
than 0.5 inches. Due to the hydrology of the Facility, which flows southwest and northwest
depending on the location, the EPA has determined that from October 2017 to November 2019,
discharges occurred to the City of Spartanburg's Municipal Separate Storm Sewer System and
the Fairforest Creek through a point source at the southwest side of the Facility and from the
northwest side of the Facility. Fairforest Creek is a tributary to the Tyger River, a traditionally
navigable water of the United States as defined by Section 502(7) of the CWA, 33 U.S.C. ?
1362(7) and it