9/13/2016 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $19,955, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON MAR 26, 2015, EPA AND FDEP PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT THE DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER.
ON JUNE 19, 2015, EPA SENT RESONDENT A REQUEST FOR INFORMATION (RFI) REQUESTING RESPONDENT PROVIDE INFO SPECIFIC TO RECORDS AND DOCUMENTS RELATED TO THE PERMIT.
ON JULY 17, 2015, RESPONDENT PROVIDED ITS RESPONSE.
AS A RESULT OF THE CSWEI, RESPONSE TO THE RFI, AND SUBSEQUENT INVESTIGATIVE EFORTS, EPA HAS DETERMINED THAT STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITY WSA DISCHARGED FROM THE DEVELOPMENT.
BASED ON THE CSWEI AND REVIEW OF ADD'L INFO, EPA ALLEGES THAT RESPONDENT HAS FAILED TO COMPLY WITH THE CWA, ITS IMPLEMENTING REGS, AND THE PERMIT AS FOLLOWS:
A. BASED ON THE INSPECTORS' VISUAL OBSERVATIONS AND ON THE INFO PROVIDED BY THE SITE REPRESENTATIVE DURING THE CSWEI, EPA DETERMINED THAT THERE WERE AREAS WHERE CONSTRUCTION ACTIVITIES HAD TEMPORARILY CEASED FOR MORE THAN 7 DAYS W/OUT STABILIZATION MEASURES PERFORMED, IN VIOLATION OF THE PERMIT.
B. DOCUMENTS PROVIDED TO EPA SHOWED THAT SINCE THE FILING OF ITS NOI, TWO CONTRACTOR RAINFALL INSPECTIONS (CONDUCTED ON SEPT 11 AND 25, 2014) WERE NOT WITHIN THE TIMEFRAME SPECIFIED, IN VIOLATION OF THE PERMIT.
C. DOCUMENTS PROVIDED TO EPA SHOWED THAT INSPECTION REPORTS CONDCUTED ON FEB 6, 11, 18, 25, MARCH 1, 4, 11, 15