6/16/20 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED.
ORDER STATES:
ON AUGUST 27, 2019, THE EPA ISSUED AN INSPECTION REPORT TO THE RESPONDENT. ON APRIL 14, 2020, THE EPA ISSUED A NOTICE OF POTENTIAL VIOLATION AND SECTION 308 INFORMATION REQUEST TO THE RESPONDENT.
IN ACCORDANCE WITH SECTION 402(P) OF THE CWA, 33 U.S.C. SECTION 1342(P), AND ITS IMPLEMENTING REGULATIONS, BASED ON THE CSWEI AND DUE TO THE HYDROLOGY OF THE FACILITY AND HISTORIC RAINFAILL DATA, THE EPA HAS DETERMINED THAT FROM THE TIME INDUSTRIAL OPERATIONS AT THE FACILITY BEGAN, TO PRESENT, STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY GENERALLY DISCHARGED FROM THE FACILITY THROUGH A DRAINAGE DITCH AND OUTFALL ON THE SOUTHWEST SIDE OF THE FACILITY, TO BULL CREEK.
BULL CREEK IS A TRADITIONALLY NAVIGABLE WATER OF THE UNITED STATES AD DEFINED BY SECTION 502(7) OF THE CWA, 33 U.S.C. SECTION 1362(7) AND ITS IMPLEMENTING REGULATION 40 C.F.R. SECTION 122.2. THEREFORE, THE RESPONDENT HAS VIOLATED SECTIONS 301 AND 402(P) OF THE CWA, 33 U.S.C. SECTIONS 1311 AND 1342(P), BY DISCHARGING STORMWATER WITHOUT PROPER AUTHORIZATION TO WATERS OF THE UNITED STATES.