FEBRUARY 6, 2023 - CONSENT AGREEMENT
On June 28, 2017, Respondents submitted an NOI to ADEM requesting coverage under the Permit for the Facility. The authorization became effective on October 1, 2017, and expires on September 30, 2022, and requires Respondents to comply with all provisions of the Permit.
On October 21, 2020, 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' management of stormwater at the Facility to assess compliance with the CWA, the regulations promulgated thereunder at 40 C.F.R. ? J 22.26, and the Permit.
On October 27, 2020, the EPA and ADEM 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.
During the CSWEI of the Facility, EPA's inspectors observed:
(a) The facility's NOI and BMP plan did not reflect the current conditions of the facility. Specifically, the facility did not correctly identify the receiving water as Three Mile Creek, an impaired stream for sediment, and failed to include additional BMPs that had been implemented at the site in response to past BMP failures.
(b) A number of BMPs, including berms and diversions, were observed during the inspection as having failed and having been in need of maintenance