EPA v. BLANKENSHIP BALL GROUND SITE

Case summary

6/3/11 - ADMINISTRATIVE ORDER ISSUED. ON FEB 3, 2011, EPA AND GAEPA AND THE CHEROKEE COUNTY ENGINEERING DEPT PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) AT THE SITE TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER IN ACCORDANCE WITH THE CWA, THE REGULATIONS PROMULGATED THEREUNDER AT 40 CFR 122.26 AND THE GAEPD PERMITS. AT THE TIME OF CSWEI, RESPONDENT HAD NOT SUBMITTED NOIs AND HAD NOT OBTAINED COVERAGE UNDER THE GAEPD PERMITS FOR STORMWATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY FOR ITS LAND DISTURBANCE ACTIVITY OR ITS AUTO SALVAGE OPERATIONS. DURING THE CSWEI, EPA OBSERVED THE FOLLOWING: A. SCHOOL BUSES WERE STORED ON-SITE WITH NO CONTROLS TO MINIMIZE EXPOSURE TO RAINFALL AND CONTAMINATED STORMWATER RUNOFF. RESPONDENT ENGAGED IN INDUSTRIAL ACTIVITY BY DISMANTLING OF USED AUTOMOBILE PARTS. DISMANTLED SCHOOL BUS ENGINEAND TRANSMISSION PARTS WITH LEAKING FLUID WERE OBSERVED LEAKING ONTO A CONCRETE PAD WITH NO CONTROLS TO PREVENT AND RECOVER THE SPILLAGE. RESPONDENT'S SITE IS AN ACTIVE AUTOMOBILE SALVAGE YARD OPERATION WITH REQUIRES COVERAGE UNDER AN INDUSTRIAL PERMIT. B. SEVERAL CRACKED AND CRUSHED AUTOMOBILE BATTERIES WERE LAYING ON BARE SOIL. THESE BATTERIES NEED TO BE PROPERLY DISPOSED OF OR STORAGE IN AN ENCLOSED AREA TO PREVENT BATERY ACID FROM LEAKING ONTO THE GROUND. C. NO EROSION AND SEDIMENT CONTROLS IN MAJOR DRAINAGE AREAS TO PREVENT SEDIMENT LOSS AND LIMIT CONTAMINATED STORMWATER RUNOFF OFFSITE. D. RESPONDENT CONDUCTED LAND DISTURBING ACTIVITY BY EXCAVATING TRASH, TIRES, AND AUTOMOBILE PARTS WITHIN THE TWENTY FEET BUFFER ALONG THE BANKS OF RECEIVING WATERS AT THE SITE. THE STREAM BUFFER HAD BEEN ENCROACHED DURING LAND DISTURBING ACTIVITIES AND WITH SEDIMENT STORAGE/SPOIL PILES. E. STABILIZATION OF BARE AREAS HAD NOT BEEN ACCOMPLISHED. ORDER: A. WITHIN 7 DAYS, SUBMIT A COMPLETE NOI TO GAEPD FOR CONSTRUCTION PERMIT COVERAGE AND DEVELOP AND IMPLEMENT AN EROSION, SEDIMENTATION AND POLLUTION CONTROL PLAN, OR CEASE ALL STORMWATER DISCHARGES RELATED TO LAND DISTURBANCE ACTIVITY FROM THE SITE. B. WITHIN 7 CALENDAR DAYS, SUBMIT A COMPLETE NOI TO GAEPD FOR INDUSTRIAL PERMIT COVERAGE, AND DEVELOP A STORMWATER POLLUTION PREVENTION PLAN (SWP3) FOR THE AUTO SALVAGE SITE, OR CEASE ALL RELATED STORMWATER DISCHARGES FROM THE SITE. C. WITHIN 30 DAYS, PROVIDE WRITTEN CERTIFICATION TO EPA THAT THESE REQUIREMENTS OF THE ORDER HAVE BEEN MET.

Defendants (1)

• BLANKENSHIP BALL GROUND SITENamed in settlement

Facilities (1)

• BLANKENSHIP - BALL GROUND SITE

  BALLGROUND HWY, CHEROKEE, GA, 30107

  Registry ID: 110020043497

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• BLANKENSHIP BALL GROUND SITEentered 2011-06-03

  Primary law: CWA

Timeline (4 milestones)

• 2011-06-03Final Order Issued
• 2011-06-16Enforcement Action Data Entered
• 2012-01-01Enforcement Action Closed
• 2012-01-01NPDES Closed