AUGUS 22, 2022 - CONSENT AGREEMENT
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), as identified by Standard Industrial Classification (SIC) Codes 2875 and 2499, and located at 9621 State Road 7, Boynton Beach, Florida, at latitude 26.533638 and longitude -80.207979. The Facility, which began operations in May 1989, has outdoor raw material storage, outdoor mixing and grinding operations, fuel storage, a fleet of trucks, and some equipment staging. Consent Agreement and Final Order, As a State authorized to implement the CWA NPDES Program, Florida issued to Respondents a Florida Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity pursuant to Florida Administrative Code 62-621.300(5). The Permit (FLR05I452) was issued November 9, 2019. Coverage under the Permit is obtained by submitting a Notice of Intent (NOI) to FDEP. A notice of intent was submitted to FDEP on November 6, 2019. On July 8, 2019, the EPA and FDEP performed a Compliance Stormwater Evaluation Inspection (CSWEI) to evaluate Respondents? treatment and disposal of stormwater at the Facility to assess compliance with the CWA, the regulations promulgated thereunder at 40 C.F.R. ? 122.26, and the Permit. During the CSWEI of the Facility, EPA?s inspectors observed:
(a) Outdoor raw material st