EPA v. BILTMORE IRON & METAL CO., INC.

Case summary

07/06/2011 - COMPLIANCE ORDER ISSUED. ON MARCH 2, 2011, EPA AND NCDENR PERFORMED A CSWEI TO EVAULATE THE TREATMENT AND DISPOSAL OF STORMWATER. EPA R4 DETERMINED THAT STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY WAS DISCHARGED FROM BIMCO WITHIN INTO AN UNNAMED TRIBUTARY TO THE SWANNANOA RIVER, A WATER OF THE U.S. DURING THE CSWEI, EPA INSPECTORS PROVIDED A COPY OF THE NPDES INSPECTION OBSERVATION FORM TO BIMCO. THE FOLLWING WAS OBSERVED: A. BIMCO FAILED TO DEVELOP AND IMPLMENT AN SWPPP IN ACCORDANCE WITH PART II.A.1 OF PERMIT. SPECIFICALLY, BIMCO FAILED TO: SIGN AND DATE SWPPP; DEVELOP A SITE PLAN; DEVELOP A GENERAL LOCATION MAP; PROVIDE A NARRATIVE DESCRIPTION OF STORAGE PRACTICES, LOADING AND UNLOADING ACTIVITES, OUTDOOR PROCESS AREA AND WASTE DISPOSAL AREAS; AND DEVELOP A SITE MAP. B. BIMCO FAILED TO DEVELOP A STORMWATER MGMT PLAN IN ACCORDANCE WITH PART II.A.2 OF THE PERMIT. THE STORMWATER MGMT PLAN SHOULD HAVE INCLUDED A NARRATIVE DESCRPTION OF THE MATERIAL MGMT PRACTICES; A FEASIBILITY STUDY; AND A BMP SUMMARY. C. BIMCO FAILED TO DEVELOP SPRP AND SPCC PLANS IN ACCORDANCE WITH PART II.A.3 OF PERMIT. D. BIMCO FAILED TO INCLUDE A PREVENTATIVE MAINTENANCE AND GOOD HOUSEKEEPING PROGRAM IN ITS SWPPP AS REQUIRED BY PART II.A.4 OF PERMIT. E. BIMCO FAILED TO PROVIDE A TRAINING PROGRAM IN THE SWPPP AS REQUIRED BY PART II.A.5 OF PERMIT. F. BIMCO FAILED TO REVIEW AND UPDATE ITS SWPPP ON AN ANNUAL BASIS AS REQUIRED BY PART II.A.7 OF PERMIT. G. BIMCO FAILED TO CONDUCT INSPECTIONS ON A SEMI-ANNUAL BASIS AS REQUIRED BY PART II.A.8 OF PERMIT. SPECIFICALLY, INSPECTIONS FOR 09 WERE NOT AVAILABLE. H. BIMCO FAILED TO CONDUCT ALL ANALYTICAL MONITORING AS REQUIRED BY PART II.B OF PERMIT. SPECIFICALLY,DATA FOR 09 WAS NOT AVAILABLE.ONLY ONE SAMPLE WAS COLLECTED FOR 10. FOR THAT ONE SAMPLE, THE BENCHMARK VALUE FOR COD, TOTAL RECOVERABLE CADMIUM AND TOTAL RECOVERABLE LEAD WERE EXCEEDED. NO SAMPLES WERE ANALYZED FOR pH, OIL AND GREASE, TOTAL RECOVERABLE COPPER AND TOTAL RECOVERABLE ZINC. BIMCO FAILED TO CONDUCT ALL QUALITATIVE MONITORING AND VISUAL INPSECTIONS REQUIRED BY PART II.C OF PERMIT. ORDER REQUIRES: A. IMMEDIATELY DEVELOP/IMPLEMENT A SWPPP. SPECIFICALLY, ENSURE THAT ALL REQUIREMENTS OF THE SWPPP ARE INCORPORATED, INCLUDING: SIGN AND DATE THE SWPPP; SIGN AND DATE THE NON-STORMWATER CERTIFICATION STATEMENT; A SITE PLAN; A GENERAL LOCATION MAP; A NARRATIVE DESCRIPTION OF STORAGE PRACTICES, LOADING AND UNLOADING ACTIVITIES, OUTDOOR PROCESS AREA AND WASTE DISPOSAL AREAS; A SITE MAP; A STORMWATER MGMT PLAN; SPRP AND SPCC PLANS; A PREVENTATIVE MAINTENANCE AND GOOD HOUSEKEEPING PROGRAM; A TRAINING PROGRAM; AND REVIEW AND UPDATE THE SWPPP ON AN ANNUAL BASIS. WITHIN 30 DAYS, SUBMIT A COPY OF THE UPDATED SWPPP. B. IMMEDIATELY INSTITUTE AN INSPECTION PROGRAM IN ACCORDANCE WITH PART II.A.8 OF PERMIT. INSPECTION PROGRAM SHALL INCLUDE INSPECTIONS OF FACILITY AND ALL STORMWATER SYSTEMS ON AT LEAST A SEMI-ANNUAL BASIS, AS PART OF THE PREVENTATIVE MAINTENANCE AND GOOD HOUSEKEEPING PROGRAM, WITH COPIES OF INSPECTION BEING KEPT WITH THE SWPPP. PROVIDE COPIES OF THESE INSPECTIONS FOR SECOND HALF OF 11 AND FIRST HALF OF 12 WITHIN 10 DAYS OF COMPLETION OF INSPECTION. C. IMMEDIATELY INSTITUTE ANALYTICAL MONITORING PROGRAM IN ACCORDANCE WITH PART II.B OF PERMIT. ENSURE THAT ALL PARAMETERS REQUIRED BY THE PERMIT ARE SAMPLED AND THE ANALYSES PROVIDED ON A DMR FORM. PROVIDE COPIES OF DMRs FOR THE JAN-JUN 2011 AND JUL-DEC 2011 MONITORING PERIOD WITHIN 30 DAYS OF COMPLETION OF SAMPLING AND ANALYSIS. D. IMMEDIATELY PROVIDE TIER ONE REVIEW AND RESPONSES REQUIRED BY PERMIT FOR EXCEEDING BENCHMARKS IN THE 10 MONITORING OF COD, TOTAL RECOVERABLE CADMIUM AND TOTAL RECOVERABLE LEAD. WITHIN 30 DAYS, SUBMIT DOCUMENTATION THAT THIS REQUIREMENT HAS BEEN MET. E. IMMEDIATELY INSTITUTE A QUALITATIVE MONITORING AND VISUAL INSPECTION PROGRAM. PROVIDE COPIES OF REPORTS FOR 2ND HALF OF 11 AND 1ST HALF OF 12 WITHIN 10 DAYS.

Defendants (1)

• BILTMORE IRON AND METAL CO., INC.Named in settlement

Facilities (1)

• BILTMORE IRON & METAL CO INC

  1 MEADOW RD, ASHEVILLE, NC, 28803

  Registry ID: 110009850321

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• BILTMORE IRON & METAL CO., INC.entered 2011-07-06

  Primary law: CWA

Timeline (4 milestones)

• 2011-07-06Final Order Issued
• 2011-07-12Enforcement Action Data Entered
• 2012-01-01Enforcement Action Closed
• 2012-01-01NPDES Closed