FEBRUARY 6, 2023 - CONSENT AGREEMENT
On April 28, 2021, the EPA and EPD performed a Compliance Stormwater Evaluation Inspection (CSWEI) to evaluate Respondents' management 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.
At the conclusion of the April 28, 2021, CSWEI, the EPA submitted an Information Request Letter ( Information Request ), pursuant to Section 308 of the CWA, 33 U.S.C. ? 1318, to the Respondents' Facility to assess compliance with the CWA, the regulations promulgated thereunder at 40 C.F.R. ? 122.26, and the Permit. On May 12, 2021, the Respondents sent a letter in response to the EPA's Information Request.
On July 9, 2021, the EPA issued the Notice of Violation and Opportunity to Show Cause (to the Respondents) pursuant to section 309(a) of the CWA, 33 U.S.C ? 1319. On August 17, 2021, the EPA held, and Respondents participated in, a show cause meeting.
Based on the CSWEI of the Facility and review of the information provided in response to the Information Request and Show Cause meeting, EPA's inspectors observed the following:
(a) After the facility's expansion in 2019, an updated NOI was not submitted by the Respondents until April 2021. This was well after the Permit's requirement of updating the NOI prior to commencing of discharges from modifications.
(b) The Respondents' Stormwater Pollution Prevention Plan (SWPPP) failed to provide a schedul