9/26/05 - COMPLAINT FILED.
ON JUNE 1, 2004, RESPONDENT SUBMITTED A NOTICE OF INTENT (NOI) REQUESTING PERMIT COVERAGE TO THE TDEC. A NOTICE OF COVERAGE WAS SENT TO RESPONDENT WITH AN EFFECTIVE DATE OF JUNE 29, 2004. RESPONDENT DOES NOT NEED TO SUBMIT A NEW NOI FOR COVERAGE UNDER THE REISSUED PERMIT.
ON APRI 27, 2005, REPRESENTATIVES OF EPA IN CONJUNCTION WITH THE TDEC-MEMPHIS ENVIRONMENTAL ASSISTANCE CENTER PERFORMED A CMOPLIANCE STORM WATER EVALUATION INSPECTION (CSWEI) AT RESPONDENT'S FACILITY. EPA'S CSWEI WAS TO EVALUATE THE TREATMENT AND DISPOSAL OF STORM WATER AT THE FACILITY IN ACCORDANCE WITH CWA, THE REGULATIONS PROMULGATED THEREUNDER AT 40 CFR 122.26 AND THE TDEC PERMIT.
THE CSWEI REVEALED THAT RESPONDENT FAILED TO COMPLY WITH PART III.D.1 OF THE PERMIT BY DISCHARGING STORM WATER IN VIOLATION OF WATER QUALITY STANDARDS AT THE DIVERSION DITCHES AND AT THE STREAM CROSSINGS.
THE CSWEI REVEALED THAT RESPONDENT FAILED TO COMPLY WITH PART III.F OF THE PERMIT BY FAILING TO PROVIDE EVIDENCE THAT WEEKLY SELF INSPECTIONS HAVE BEEN CONDUCTED.
THE CSWEI REVEALED THAT RESPONDENT FAILED TO COMPLY WITH PART IV.B.2 OF THE PERMIT BY FAILING TO POST A NOTICE OF COVERAGE AT THE ENTRANCE OF THE SITE.
THE CSWEI REVEALED THAT RESPONDENT FAILED TO COMPLY WITH PART IV.D.2.a.i(a) OF THE PERMIT BY FAILING TO INSTALL SEDIMENT BASINS OR TRAPS ACCORDING TO THE APPROVED STORM WATER POLLUTION PREVENTION PLAN (SWPPP).
THE CSWEI REVEALED THAT RESPONDENT FAILED TO COMPLY WITH