EPA v. ABC COKE DIVISION - THE DRUMMOND COMPANY, INC.

Case summary

9/27/2013 - ADMIN ORDER ON CONSENT ISSUED. ON AUG 13-16, 2012, EPA CONDUCTED A CEI OF THE BTF AND THE INDUSTRIAL SITE TO EVALUATE RESPONDENT'S COMPLIANCE WITH THE PERMIT AND THE CWA. THE CEI IDENTIFIED DEFICIENCIES RELATED TO PRESERVATION METHODS USED TO ANALYZE SAMPLES, BEST MGMT PRACTICE DEFICIENCIES RELATED TO THE STORMWATER CONTROLS AND 4 NON-STORMWATER DISCHARGES DRAINING TO THE STORMWATER RETENTION POND, WHICH CAPTURES THE STORMWATER RUNOFF ULTIMATELY DISCHARGING THRU OUTFALL DSN002. EPA FOUND THAT ONE OF THOSE DISCHARGES WAS NOT SPECIFICALLY INCLUDED IN THE PERMIT AND THE OTHERS WERE NOT DISCHARGING IN ACCORDANCE WITH THE PERMIT. ON MAY 10, 2013, EPA SENT A LETTER OF CONCERN ISSUED UNDER CWA 308 TO RESPONDENT REGARDING ALLEGED DEFICIENCIES IDENTIFIED DURING INSPECTION. THE LOC ALSO ALLEGED TWO AMMONIA NITROGEN EFFLUENT LIMITS EXCEEDANCES FOR THE PERIOD COVERING JAN 1, 2010 THRU DEC 31, 2012. THE LOC REQUESTED INFO ON CORRECTIVE ACTIONS PLANNED OR TAKEN TO ADDRESS THE DEFICIENCIES AND EFFLUENT LIMIT EXCEEDANCES. ON JUNE 17, 2013, RESPONDENT PROVIDED A RESPONSE TO THE LOC. THE RESPONSE ADDRESSED ALL OF THE DEFICIENCIES WITH THE EXCEPTION THAT IT STATED THAT THE RESPONDENT BELIEVED THE NPDES APPLICATION ALLOWED FOR THESE TYPES OF NON-STORMWATER DISCHARGES AND THAT 3 OF THESE DISCHARGES WERE REFLECTED AS MISCELLANEOUS DISCHARGES IN RESPONDENT'S APPLICATION FOR THE PERMIT. THE 4TH DISCHARGE REFLECTED A RELEASE FROM A JEFFERSON COUNTY PIPELINE THAT HAS BEEN REPAIRED SUCH THAT THE RELEASED HAS CEASED.ON JULY 16, 2013, EPA CONCLUDED ITS REVIEW OF THE LOC RESPONSE AND THE RESPONDENT'S PERMIT APPLICATION AND DETERMINED THAT PART V. OF FORM 2F, APPLICATION FOR PERMIT TO DISCHARGE STORMWATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY, CONTAINS A CERTIFICATION THAT ALL NON-STORMWATER DISCHARGES SHOULD BE IDENTIFIED IN EITHER FORM 2C FOR DISCHARGE OF WASTEWATER OR 2E FOR DISCHARGE OF NONCONTACT PROCESS WATER, AND NO SUCH NON-STORMWATER DISCHARGES ARE SO IDENTIFIED ON EITHER OF THOSE FORMS. BASED ON THE ABOVE, EPA HAS DETERMINED THAT RESPONDENT HAS VIOLATED CWA 301(a). ORDER REQUIRES: A. IF ADEM DOES NOT ISSUE THE DRAFT PERMIT DUE TO ANY DEFICIENCIES IDENTIFIED BY ADEM WITHIN 30 DAYS FROM WHEN RESPONDENT RECEIVES NOTIFICATION FROM ADEM THAT THE APPLICATION IS DEFICIENT, RESPONDENT SHALL SUBMIT TO ADEM ANY AND ALL ADD'L INFO NECESSARY TO ADDRESS DEFICIENCIES. IF ADEM ISSUES A FINAL PERMIT THAT DOES NOT AUTHORIZE THE DISCHARGES OF ANY OF THE WASTE STREAMS, AS THEY ARE CURRENTLY DESCRIBED IN THE DRAFT PERMIT, OR IF ADEM DOES NOT GRANT THE PERMIT NODIFICATION, THEN WITHIN 30 DAYS FROM THE DATE OF ADEM'S DECISION, RESPONDENT SHALL IMMEDIATELY CEASE ANY DISCHARGES THAT ARE NOT AUTHORIZED BY RESPONDENT'S NPDES PERMIT, AS ISSUED BY ADEM. WITHIN 30 DAYS, RESPONDENT SHALL SUBMIT A COPY OF THE REVISED CMP PLAN TO EPA AND ADEM. WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE A DESCRIPTION OF THE METHOD USED FOR ROUTINE CLEANING AND A SCHEDULE FOR WHICH THE CLEANING OF THE STORMWATER CATCH BASIN WILL TAKE PLACE. WITHIN 60 DAYS, RESPONDENT SHALL SUBMIT AN ENGINEERING REPORT ASSESSING ALL STORMWATER RUNOFF AND PROCESS WASTEWATER SOURCES THAT CONTRIBUTED TO THE STORMWATER COLLECTION SYSTEM (CATCH BASIN & RETENTION POND). EVERY MONTH, CONTINUING UNTIL ALL CORRECTIVE ACTIONS HAVE BEEN COMPLETED, RESPONDENT SHALL SUBMIT TO THE EPA A WRITTEN REPORT A WRITTEN REPORT CONTAINING INFO ABOUT THE STATUS AND PROGRESS OF THE PERMIT MODIFICATION.

Defendants (1)

• ABC COKE DIVISION - THE DRUMMOND COMPANYNamed in settlement

Facilities (1)

• ABC COKE

  900 HUNTSVILLE AVENUE, BIRMINGHAM, AL, 35217

  Registry ID: 110000366817

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• ABC COKE DIVISION - THE DRUMMOND COMPANY, INC.entered 2013-09-27

  Primary law: CWA

Timeline (4 milestones)

• 2013-09-27Final Order Issued
• 2013-09-30Enforcement Action Data Entered
• 2015-09-25NPDES Closed
• 2015-09-25Enforcement Action Closed