5/27/10 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $30,000.
ALLEGATIONS:
PONTOTOC UNION LEE ALLIANCE ( PUL ) IS A PARTNERSHIP FORMED UNDER THE LAWS OF MISSISSIPPI, AND L&T CONSTRUCTION IS A CORPORATION DULY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF MISSISSIPPI.
AT ALL TIMES RELEVANT TO THIS ACTION, PUL AND L&T OWNED AND/OR OPERATED A CONSTRUCTION SITE KNOWN AS BLUE SPRINGS NORTH LOOP INTERCHANGE LOCATED AT U.S. HWY 78 AND STATE ROUTE 9, BLUE SPRINGS, MS.
ON MAY 12, 2009, EPA AND MDEQ PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT THE DEVELOPMENT.
DURING THE CSWEI, EPA OBSERVED THE FOLLOWING:
A. APPROX 90 ACRES OF LAND WERE CLEARED AND UNDER CONSTRUCTION. THE SWPPP WAS NOT SITE-SPECIFIC AND CONTAINED BMPs THAT HAD NOT BEEN IMPLEMENTED. PUL AND/OR L&T FAILED TO DEVELOP AND IMPLEMENT AN APPROPRIATE SWPPP, OR AMEND THE SWPPP, REFLECTIVE OF THE CONSTRUCTION ACTIVITIES.
B. NO VEGETATIVE COVER, SEEDING, MULCHING, SODDING, GEOTEXTILES OR SOIL REINFORCEMENT MATERIAL WERE PRESENT AT THE DEVELOPMENT, SOIL WAS NOT STABILIZED, AND SURFACE AREA EXPOSURE WAS NOT MINIMIZED.
C. SOME OF THE SILT FENCES WERE NOT PROPERTY INSTALLED AND OTHERS WERE FULL OF SEDIMENT; THE STORM DRAIN OUTLET WAS NOT PROTECTED; AND A SEDIMENT POND AND CHECK DAM WERE INSTALLED IN THE TRIBUTARY OF RYAN CREEK. PUL AND/OR L&T FAILED TO PROPERTY INSTALL AND/OR MAINTAIN EROSION CONTROLS ALONG THE TRIBUTARIES OF RYAN AND CALDWELL CREEKS.
D. THE SWPPP DID NOT INCL