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

Case summary

12/16/11 - COMPLIANCE ORDER ISSUED. ON JULY 6, 2011, EPA ISSUED AO CWA-04-2011-4771 TO BIMCO REQUIRING COMPLIANCE WIHT THE PERMIT, WHICH INCLUDED THE DEVELPOMENT OF A STORMWATER POLLLUTION PREVENTION PLAN (SWPPP), INSTITUTION OF AN INSPECTION AND MONITORING PROGRAM, AND A TIER ONE AND TIER TWO EVALUATION. EPA REVIEWED THE SWPPP AND TIER 1 AND 2 EVALLUATIONS SUBMITTED BY BIMCO AND HAS DETERMINED THAT BIMCO IS NOT IN COMPLIANCE WITH THE PERMIT AS ALL RECOMMENDATIONS CONTAINED IN THE REPORTS HAVE NOT BEEN INSTITUTED. AS A RESULT, BIMCO CONTINUES TO BE IN VIOLATION OF CWA 301 AND 402(p) BY FAILING TO COMPLY WITH THE NCDENR PERMIT. ORDER REQUIRES: IMMEDIATELY SIGN THE SWPPP. WITHIN 30 DAYS, SUBMTI A COPY OF THE SIGNED SWPPP. IMMEDIATELY IMPLEMENT ELEMENTS CONTAINED IN THE SWPPP AS FOLLOWS: 1. PROVIDE CONTAINED TO THE 55-GALLON MOTOR OIL DRUM IN THE MAINTENANCE SHOP. 2. PROVIDE CONTAINMENT TO THE 275-GALLON USED OIL/FUEL/ANTIFREEZE DRUM, 275-GALLON USED GASOLINE DRUM AND 150-GALLON USED OIL DRUM IN THE AUTOMOBILE FLUID RECLAMATION AREA. 3. PROVIDE CONTAINMENT OR DROP PANS IN THE FLUID RECLAMATION YARD. 4. PROVIDE EMPLOYEE TRAINING ON SPILL PREVENTION AND RESPONSE PROCEDURES. 5. INCREASE SWEEPING OF CONCRETE ND ASPHALT AREAS. 6. CONDUCT MONTHLY INSPECTIONS OF THE MOBILE EQUIPMENT AREAS. 7. ENSURE THAT THERE ARE NO MATERIALS STORED IN STORMWATER CONVENANCE AREAS. 8. EVALUATE THE DETENTION POND FOR EITHER AN INCREASE IN CAPACITY OR PROVIDE FOR REGULAR SEDIMENT REMOVAL. 9. REPLENSIH THE COMPACTED GRAVEL SURFACE OF THE FERROUS YARD ROADWAY. 10. PROVIDE VEGETATIVE COVER TO THE STORMWATER DITCH ON THE EASTERN PROPERTY BOUNDARY AND ON THE DETENTION POND BERM AND PERIMETER. 11. EVALUATE THE FEASIBILITY OF ROUTING THE STORMWATER DITCH DISCHARGE TO THE DETENTION POND. 12. INSTITUTE A MONTHLY INSPECTION PROGRAM AS REQUIRED BY THE OIL CONTINGENCY PLAN OF THE MOBILE CRANES, CRANE/SHEAR AND TRUCKS WITH HYDRAULIC LIFTS. WITHIN 30 DAYS, PROVIDE NOTICE THAT THESE ELEMENTS HAVE BEEN COMPLETED. CONTINUE OPERATING AN INSPECTIN PROGRAM. CONTINUE OPERATING AN ANALYTICAL MONITORING PROGRAM. CONTINUE THE QUALITATIVE MONITORING AND VISUAL INSPECTION PROGRAM.

Defendants (1)

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

Facilities (1)

• BILTMORE IRON & METAL CO. INC.

  1 MEADOW ROAD, ASHEVILLE, NC, 28803

  Registry ID: 110009850321

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• BILTMORE IRON AND METAL CO., INC.entered 2011-12-16

  Primary law: CWA

Timeline (3 milestones)

• 2011-12-16Final Order Issued
• 2011-12-28Enforcement Action Data Entered
• 2012-07-06Enforcement Action Closed