EPA v. HYUNDAI HEAVY INDUSTRIES

Case summary

2/3/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $43,000 DUE WITHIN 30 DAYS. ON FEB 10, 2011, EPA AND ADEM PERFORMED A CSWEI AT RESPONDENT'S DEVELOPMENT TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER IN ACCORDANCE WITH THE CWA, THE REGS PROMULGATED THEREUNDER AT 40 CFR 122.26 AND THE ADEM PERMIT REGS. EPA DOCUMENTED THE FOLLOWING OBSERVATIONS IN ITS CSWEI REPORT AND IN THE SITE OBSERVATION FORM PROVIDED TO RESPONDENT'S ONSITE PERSONNEL: A. THE CBMPP WAS NOT UP TO DATE AND FAILED TO (1) IDENTIFY ALL CONTRACTORS AT THE DEVELOPMENT; (2) PROVIDE SEQUENCING OF MAJOR ACTIVITIES; (3) CONTAIN A MAP OF ALL STRUCTURAL/NON-STRUCTURAL CONTROLS; (4) INCLUDE RECEIVING WATER; AND (5) CONTAIN MAINTENANCE REQUIREMENTS OF BMPs AS REQUIRED BY PERMIT. THE CBMPP SHOULD ALSO BE REVISED TO INCLUDE THE CONSTRUCTION ENTRANCE/EXIT ON THE NORTHEAST SECTION OF THE SITE NEAR FOLMAR PKWY, THE SOIL STOCKPILE AREA AND THE DRAINAGE SWALES. IT COULD NOT BE DETERMINED WHEN CLEARING AND GRUBBING OF THE DEVELOPMENT BEGAN. B. STABILIZATION WAS NOT PROVIDED ON SLOPES OF DRAINAGE SWALES OR BARE AREAS WHERE CONSTRUCTION WAS NO LONGER OCCURRING AS REQUIRED BY PERMIT. C. PROPER OPERATION AND MAINTENANCE OF BMPs WAS NOT PROVIDED AT THE DEVELOPMENT. STREET SWEEPING OF FOLMAR PKWY HAD NOT BEEN PERFORMED. THERE WAS A COLLECTION OF CONSTRUCTION DEBRIS ON THE NORTHERN PORTION OF DEVELOPMENT ALONG THE DRAINAGE DITCH. SILT FENCING ON THE NORTHEAST PORTION OF THE DEVELOPMENT REQUIRED REPAIR. PERIMETER SILT FENCING SOUTH OF THE SOIL STOCKPILE NEEDED REPAIR AND HAD SEDIMENT OVERTOPPING FENCING AND DISCHARGING OFF-SITE. PERIMETER SILT FENCING HAD NOT BEEN INSTALLED IN ALL AREAS OF THE DEVELOPMENT. SILT FENCING CHECK DAMS IN THE DRAINAGE DITCHES ALSONEEDED MAINTENANCE. THE STORM DRAIN INLET IN THE PAVED PARKING LOT ON THE NE PORTION OF THE DEVELOPMENT, CURB INLETS OFF OF FOLMAR PKWY AND NEAR THE CONSTRUCTION TRAILERS NEEDED PROTECTION. RIP RAP WAS NEEDED AT THE OUTFALL DISCHARGE POINTS. THE NEEDED MAINTENANCE AND INSTALLATION OF BMPs IS REQUIRED BY PERMIT. D. A SIGN WAS NOT POSTED AT THE FRONT ENTRANCE TO THE PROPERTY AS REQURED BY PERMIT. E. SEDIMENT WAS OBSERVED IN BOTH OF THE OUTFALLS AND IN THE UNNAMED TRIBUTARY TO PINTLALLA CREEK, WHICH FLOWS INTO THE ALABAMA RIVER. PREVENTION AND/OR MINIMIZATION OF SEDIMENT DISCHARGES AND PROPER CLEANUP OR REMOVAL OF SEDIMENT DEPOSITED OFFSITE WAS NOT ACCOMPLISHED AS REQUIRED BY PERMIT. F. INSPECTIONS WERE EITHER NOT CONDUCTED OR NOT DOCUMENTED OR BOTH AS REQUIRED BY PERMIT G. A METHOD TO MEASURE AND RECORD PRECIPITATION WAS NOT PRESENT AT THE DEVELOPMENT AS REQUIRED BY PERMIT.

Defendants (2)

• HYUNDAI HEAVY INDUSTRIESNamed in complaintNamed in settlement
• HYUNDAI POWER TRANSFORMERS USA, INC.Named in complaintNamed in settlement

Facilities (1)

• HYUNDAI HEAVY INDUSTRIES

  FOLMAR PARKWAY, MONTGOMERY, AL, 36105

  Registry ID: 110044251528

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• HYUNDAI HEAVY INDUSTRIESentered 2012-03-28

  Primary law: CWA

  Federal penalty: $43,000

Timeline (5 milestones)

• 2012-03-28Complaint Filed/Proposed Order
• 2012-03-28Final Order Issued
• 2012-04-02Enforcement Action Data Entered
• 2012-04-25Enforcement Action Closed
• 2012-04-25NPDES Closed