2/3/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $43,000 DUE WITHIN 30 DAYS.
ON FEB 10, 2011, EPA AND ADEM PERFORMED A CSWEI AT RESPONDENT'S DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER IN ACCORDANCE WITH THE CWA, THE REGS PROMULGATED THEREUNDER AT 40 CFR 122.26 AND THE ADEM PERMIT REGS.
EPA DOCUMENTED THE FOLLOWING OBSERVATIONS IN ITS CSWEI REPORT AND IN THE SITE OBSERVATION FORM PROVIDED TO RESPONDENT'S ONSITE PERSONNEL:
A. THE CBMPP WAS NOT UP TO DATE AND FAILED TO (1) IDENTIFY ALL CONTRACTORS AT THE DEVELOPMENT; (2) PROVIDE SEQUENCING OF MAJOR ACTIVITIES; (3) CONTAIN A MAP OF ALL STRUCTURAL/NON-STRUCTURAL CONTROLS; (4) INCLUDE RECEIVING WATER; AND (5) CONTAIN MAINTENANCE REQUIREMENTS OF BMPs AS REQUIRED BY PERMIT. THE CBMPP SHOULD ALSO BE REVISED TO INCLUDE THE CONSTRUCTION ENTRANCE/EXIT ON THE NORTHEAST SECTION OF THE SITE NEAR FOLMAR PKWY, THE SOIL STOCKPILE AREA AND THE DRAINAGE SWALES. IT COULD NOT BE DETERMINED WHEN CLEARING AND GRUBBING OF THE DEVELOPMENT BEGAN.
B. STABILIZATION WAS NOT PROVIDED ON SLOPES OF DRAINAGE SWALES OR BARE AREAS WHERE CONSTRUCTION WAS NO LONGER OCCURRING AS REQUIRED BY PERMIT.
C. PROPER OPERATION AND MAINTENANCE OF BMPs WAS NOT PROVIDED AT THE DEVELOPMENT. STREET SWEEPING OF FOLMAR PKWY HAD NOT BEEN PERFORMED. THERE WAS A COLLECTION OF CONSTRUCTION DEBRIS ON THE NORTHERN PORTION OF DEVELOPMENT ALONG THE DRAINAGE DITCH. SILT FENCING ON THE NORTHEAST PORTION OF THE DEVELOPMENT REQUIRED