FEBRUARY 6, 2023 - CONSENT AGREEMENT
On June 13, 2017, Respondents submitted an NOI to ADEM requesting coverage under the Industrial General Permit for the Facility. The authorization became effective on October 1, 2017, expires on September 30, 2022, and requires Respondents to comply with all provisions of the Permit.
EPA sent an Information Request Letter ( Information Request ), pursuant to Section 308 to Respondents requesting information related to Respondents' management of stormwater at the Facility to assess compliance with the CWA, the regulations and the Permits.Respondents' responses to the Information Request were received by the EPA on November 13, 2020.
On November 10, 2020, the EPA and ADEM performed a Compliance Stormwater Evaluation Inspection (CSWEI) to evaluate Respondents' treatment of stormwater at the Facility to assess compliance with the CWA, the regulations promulgated and the Permits.
During the CSWEI of the Facility, EPA's inspectors observed:
(a) The facility had undergone recent expansions resulting in clearing and grading of approximately 65 acres. This construction activity had been performed without obtaining coverage under the Alabama Construction General Permit.
(b) The NOI and best management practices (BMP) plan for the site did not reflect the current site conditions. Specifically, the plan failed to reflect the current acreage at the site, the immediate receiving water, and the current number of outfalls.
(c) The best mana