FEBRUARY 6 ,2023 - CONSENT AGREEMENT:
TDEC issued the Storm Water Multi-Sector Permit for stormwater discharges from industrial activities, Permit No. TNR050000 ( Permit ). The Permit for the site was first effective on October 11, 2016, and expired on April 14, 2020. The Permit was reissued on July 20, 2020, and expires on June 30, 2025. Section 7.2 of the Permit states that an expired general permit continues in force
and effect until a new general permit is issued. The site, therefore, was still operating under an effective Permit between the Permit expiration on April 14, 2020, and reissuance on July 20, 2020. Coverage under the Permit is obtained by submitting a Notice of Intent (''NOI ) to TDEC.
On September 27, 2016, Respondents submitted an NOI to TDEC requesting coverage under the Permit for the Facility. The authorization became effective on October 11, 2016, and expires on June 30, 2025, and requires Respondents to comply with all provisions of the Permit.
On January 14, 2021, the EPA sent an Information Request Letter ( Information Request ), pursuant to Section 308 of the CWA, 33 U.S.C. ? 1318, to Respondents requesting information related to Respondents' stonnwater management practices at the Facility to assess compliance with the CWA, the regulations promulgated thereunder at 40 C.F.R. ? 122.26, and the Permit. On January 28, 2021, Respondents sent a response to the EPA's Information Request.
On July 9, 2021, the EPA issued the Notice of Violat