EPA v. PORT OF PENSACOLA

Case summary

6/10/2008 - ADMINISTRATIVE ORDER ISSUED. ORDER ALLEGES: RESPONDENT VIOLATED MULTIPLE PARTS OF THE PERMIT. IN VIOLATION OF CWA SECTIONS OF 301 & 402. DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: THE RESPONDENT FAILED TO INCLUDE IN THE NOI UP TO FOUR (4) APPLICABLE SIC CODES FOR ITS CO-LOCATED ACTIVITIES, AS REQUIRED PARTS II.D, III.C AND II.B.8 OF THE PERMIT. THE NOI ALSO FAILED TO NOTE ALL OF THE OUTFALLS FROM THE FACILITY. THE RESPONDENT FAILED TO INCLUDE ALL OF THE FOLLOWING IN ITS SWPPP: 1)THE SWPPP WAS NOT SIGNED IN ACCORDANCE WITH PART IV.B.1 OF THE PERMIT. 2) THE SWPPP DOES NOT INCLUDE INFORMATATION REGARDING DISCHARGES SUBJECT TO EPCRA SECTION 313, AS REQUIRED BY PART IV.E. OF THE PERMIT. 3) THE SWPPP DOES NOT INCLUDE ALL OF THE POTENTIAL SOURCES OF POLLUTION FROM ITS TENANTS, AS REQUIRED BY PART XI.Q.3.a(2) OF THE PRMIT. 4) THE SITE MAP DID NOT CONTAIN PORTIONS OF THE DRAINAGE AREA OF EACH STORM WATER OUTALL; ALL LOCATIONS WHERE SIGNIFICANT MATERIALS ARE EXPOSED TO PRECIPITATION; ALL LOCATIONS OF ENGINE MAINTENANCE AND REPAIR, PAINTING, SANDING, LOADING/UNLOADING AREA; ALL OUTFALL LOCATIONS AND TYPES OF DISCHARGES CONTAINED; OR A PREDICTION OF THE DIRECTION OF FLOW, AS REQUIRED BY PART XI.Q.3.a(2) OF THE PERMIT. 5) A COMPLETE INVENTORY OF ALL TYPES OF MATERIALS HANDLED AT THE SITE, FOR A PERIOD OF THREE (3) YEARS PRIOR TO SUBMISSION OF THE NOI, WAS NOT INCLUDED, AS REQUIRED BY PART XI.Q.3.a(2)(b) OF THE PERMIT. THE INVENTORY SHOULD SHOULD INCLUDE AN INVENTORY OF TENANTS' MATERIALS. 6) A SUMMARY OF EXISTING DISCHARGE SAMPLING DATA WAS NOT INCLUDED AS REQUIRED BY PART XI.1.3.a(2)(d) OF THE PERMIT. THE DISCHARGE MONITORING REPORTS, QUARTERLY VISUAL INSPECTION REPORTS, AND THE COMPREHENSIVE EVALUATION WERE CONTAINED IN SEPARATE FILES. NO SUMMARY WAS INCLUDED WITH THE SWPPP. 7) A NARRATIVE OF ALL POTENTIAL POLLUTANT SOURCES WAS NOT INCLUDED AS REQUIRED BY PART XI.Q.3.a(2)(e) OF THE PERMIT. THE POTENTIAL POLLUTANT SOURCES OF THE TENANTS WERE NOT INCLUDED. 8) A DESCRIPTION OF MAINTENANCE AND GOOD HOUSEKEEPING PRACTICES FOR THE AREAS WHERE VESSELS ARE CLEANED WAS NT INCLUDED, AS REQUIRED BY PART XI.1.3.a(3)(a)(i) OF THE PERMIT. THE AREAS WHERE THE TUGBOATS ARE LOCATED, BERTH 14, WAS INCLUDED. A DESCRIPTION OF PROCEDURES TO MINIMIZE THE DISCHARGE OF ABRASIVES, PAINT CHIPS OR BLASTING WAS NOT INCLUDED, AS REQUIRED BY PART XI.Q.3a(3)(a)(ii) OF THE PERMIT. THE AREAS WHERE THE TUGBOATS ARE LOCATED, BERTH 14, WAS NOT INCLUDED. 10) THE MINIMIZATION OF CONTAMINATION FROM ALL STORED AND CONTAINERIZED MATERIALS WAS NOT INCLUDED AS REQUIRED BY PART XI.Q.3.a(3)(a)(iii) OF THE PERMIT. THE TENANTS' FOOTPRINTS WERE NOT INCLUDED. 11) A DESCRIPTION OF PROCEDURES TO MINIMIZE THE CONTAMINATION FROM AREAS WHERE ENGINES ARE MAINTAINED AND/OR REPAIRED WAS NOT INCLUDED AS REQUIRED BY PART XI.1.3.a(3)(a)(iv) OF THE PERMIT. 12) A DESCRIPTION OF MEASURES TO PREVENT OR MINIMIZE CONTAMINATION FROM MATERIALS HANDLING OPERATIONS AND AREAS WAS NOT INLCUDED, AS REQUIRED BY PART Q.3.a(3)(a)(v) OF THE PERMIT. AREAS OCCUPIED BY THE TENANTS SHOULD BE INCLUDED. 13) A SCHEDULE FOR ROUTINE YARD MAINTENANCE AND CLEANUP WAS NOT INCLUDED, AS REQUIED BY PART XI.Q.3.a(3)(a)(vii) OF THE PERMIT. 14) A PREVENTIVE MAINTENANCE PROGRAM WAS NOT INCLUDED, AS REQUIED BY PART XI.Q.3a(e)(b) OF THE PERMIT. THE RESPONDENT FAILED TO DEVELOP SPILL PREVENTION AND RESPONSE PROCEDURES FOR ALL AREAS OF THE PORT WHERE POTENTIAL SPILLS COULD OCCUR AND FAILED TO IDENTIFY PROCEDURES FOR CLEAN UP OF SPILLS, AS REQUIRED BY PART XI.Q.3.a(3)(c) OF THE PERMIT. THE TENANT AREAS SHOULD BE INCLUDED IN THE SPILL PREVENTION AND RESPONSE PROCEDURES. RESPONDENT FAILED TO CONDUCT MONTHLY INSPECTIONS, AS REQUIRED BY PART XI.Q.3.a(3)(d) OF THE PERMIT. RESPONDENT FAILED TO INCLUDE ALL AREAS OF THE TENANT OPERATIONS IN ITS ANNUAL TRAINING, AS REQUIRED BY PART XI.Q.3.a(3)(e) OF THE PERMIT. (SEE SENSITIVE COMMENTS)

Defendants (1)

• PORT OF PENSACOLANamed in settlement

Facilities (4)

• PORT OF PENSACOLA

  700 S BARRACKS ST, PENSACOLA, FL, 32502-6049

  Registry ID: 110009078620

• PORT OF PENSACOLA

  700 S BARRACKS ST, PENSACOLA, FL, 32502-6049

  Registry ID: 110009078620

• PORT OF PENSACOLA

  700 S BARRACKS ST, PENSACOLA, FL, 32502-6049

  Registry ID: 110009078620

• PORT OF PENSACOLA

  700 S BARRACKS ST, PENSACOLA, FL, 32502-6049

  Registry ID: 110009078620

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• PORT OF PENSACOLAentered 2008-06-19

  Primary law: CWA

Timeline (3 milestones)

• 2008-06-19Enforcement Action Data Entered
• 2008-06-19Final Order Issued
• 2009-04-07Enforcement Action Closed