SEPTEMBER 11, 2024 - ADMINISTRATIVE ORDER ON CONSENT
On November 16, 2022, the EPA, in conjunction with GAEPD, performed a stormwater Compliance Evaluation Inspection (CEI) at the Martinez Plant to evaluate Respondent's compliance with the requirements of Section 301 of the CWA, 33 U.S.C. ? 1311, the regulations promulgated thereunder at 40 C.F.R. ? 122.26, and the GA Permit.
Based on the CEI, and due to the hydrology of the Facility and historic rainfall data, the EPA has determined that from the time industrial operations at the Facility began, to present, stormwater associated with industrial activity generally discharged from the Facility to an unnamed tributary of Raes Creek from the Facility through the Jackson County MS4?s roadside drainage system at the front of the property and to the Interstate-20 right of way drainage system in the Facility's southeastern corner.
Raes Creek is a relatively permanent, perennial tributary of the Savannah River. The Savannah River is a traditionally navigable water of the United States as defined by Section 502(7) of the CWA, 33 U.S.C. ? 1362(7), and its implementing regulation, 40 C.F.R. ? 122.2.
On January 23, 2023, the EPA issued an Inspection Report to Respondent.
On October 18, 2023, the EPA issued a Notice of Violation and an Opportunity to Show Cause to Respondent, pursuant to Section 309(a) of the CWA, 33 U.S.C. ? 1319(a), and an Information Request pursuant to Section 308 of the CWA, 33 U.S.C. ? 1318.
On Nov