THE FACILITY HAD NOT APPLIED FOR COVERAGE UNDER EPA's GENERAL STORM WATER CONSTRUCTION PERMIT (OR OTHERWISE OBTAINED NPDES PERMIT COVERAGE, AND HAD NOT PREPARED THE SWPPP AS REQUIRED BY THE GENERAL PERMIT. THE COMPANY HAD TAKEN STEPS TO IMPLEMENT EROSION CONTROLS REQUIRED UNDER THE STATE AND LOCAL PROGRAMS (WHICH OVERLAP IN LARGE PART WITH THE REQUIREMENTS OF THE FEDERAL PROGRAM), BUT HAD FAILED IN SOME RESPECTS TO MAINTAIN THE CONTROLS, AT LEAST AT THE TIME OF INSPECTIONS.
AT V & G's CHESTNUT HILL ESTATES SITE, THERE WERE ALSO AREAS THAT WERE NOT STABILIZED AND EROSION WAS VISIBLE WITH NO CONTROLS IN PLACE. IN ADDITION, A STOCKPILE OF SOIL WS NOT CONTAINED. ROADS WERE NOT SWEPT AND STORM DRAINS DID NOT HAVE INLET PROTECTION DEVICES IN PLACE. CERTAIN STORM DRAINS WERE VISIBLY OBSTRUCTED AND PORTIONS OF A DETENTION BASIN WAS ERODING AND NOT STABILIZED. SILT AND TURBID WATER WAS VISIBLE AT THE BASIN'S DISCHARGE INTO A BOX CULVERT, A DRAINAGE SWALE, AND IN THE WETLAND. IN ADDITION, PRIOR TO THE EPA INSPECTION, V & G HAD RECEIVED SEVERAL ENFORCEMENT NOTICES FROM LOCAL CONSERVATION COMMISSION FOR VIOLATIONS OF THE MASSACHUSETTS WETLAND PROTECTION ACT. THE BASIS OF THOSE NOTICES WERE SILT DEPOSITS IN THE WETLAND FROM FAILED STORM WATER CONTROLS.