EPA v. WILLCAN, INC. dba BASIC READY MIX - CEDARTOWN, GA

Case summary

9/24/13 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. ON MAY 21, 2013, EPA PERFORMED AN INSPECTION OF RESPONDENT'S FACILITY TO EVALUATE THE TREATMENT AND DISPOSAL OF STORMWATER IN ACCORDANCE WITH THE CWA AND THEIR PERMIT. BASED ON THE INSPECTION AND REVIEW OF ADDITIONAL INFO, EPA HAS DETERMINED RESPONDENT FAILED TO COMPLY WITH THE PERMIT AS FOLLOWS: A. SIGN, DATE, AND CERTIFY THE SWPPP IN ACCORDANCE WITH PERMIT; B. UPDATE AND KEEP CURRENT THE SWPPP IN ACCORDANCE WITH PERMIT; C. TRAIN EMPLOYEES IN THE CONDITIONS OF THE PERMIT IN ACCORDANCE WITH PERMIT; D. CONDUCT AND MAINTAIN RECORDS OF QUARTERLY ROUTINE FACILITY INSPECTIONS FROM THE EFFECTIVE DATE OF THE PERMIT TO THE PRESENT, IN ACCORDANCE WITH PERMIT; E. CONDUCT AND MAINTAIN RECORDS OF QUARTERLY VISUAL ASSESSMENT FROM THE EFFECTIVE DATE OF THE PERMIT TO THE PRESENT, IN ACCORDANCE WITH THE PERMIT; F. CONDUCT AND MAINTAIN RECORDS OF THE ANNUAL COMPREHENSIVE SITE INSPECTION FROM THE EFFECTIVE DATE OF THE PERMIT TO THE PRESENT, IN ACCORDANCE WITH THE PERMIT; G. CERTIFY THE NON-STORMWATER EVALUATION, IN ACCORDANCE WITH THE PERMIT; H. CONDUCT BENCHMARK MONITORING AND MAINTAIN RECORDS FROM THE EFFECTIVE DATE OF THE PERMIT TO THE PRESENT, IN ACCORDANCE WITH THE PERMIT; I. SUBMIT THE ANNUAL REPORT IN ACCORDANCE WITH THE PERMIT; J. CONDUCT ADDITIONAL SECTOR REQUIREMENTS ASSOCIATED WITH SECTOR E AS OUTLINED IN THE PERMIT. ORDER REQUIRES: WIHTIN 60 DAYS, WILLCAN SHALL MODIFY THE SWPPP TO COMPLY WITH ALL REQUIREMENTS. THE REVISED AND MODIFIED SWPPP SHOULD INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: A. ASSESSMENT AND IDENTIFICATION OF ALL POTENTIAL POLLUTANT SOURCES, INCLUDING THE DISCHARGE OF SPILLED CEMENT AGGREGATE, KILN DUST, FLY ASH, SETTLED DUST, OR OTHER SIGNIFICANT MATERIAL IN STORMWATER FROM PAVED PORTIONS OF THE SITE, AND OFFSITE RUNOFF INTO THE SITE. B. A DETAILED SITE MAP INDICATING THE OUTLINE OF EACH DRAINAGE AREA TO ITS CORRESPONDING STORMWATER OUTFALL, THE LOCATOIN OF BERMS OR DITCHES TO DIVERT STORMWATER AND ALL POTENTIAL POLLUTANT SOURCES; C. A DESCRIPTION OF STRUCTURAL AND NON-STRUCTURAL CONTROLS USED TO DIVERT, CONTAIN, REUSE, OR OTHERWISE TREAT STORMWATER RUNOFF; D. ASSESSMENT OF THE EXISTING TREATMENT SYSTEM TO CONTAIN AND REUSE STORMWATER RUNOFF THAT FLOWS THRU THE SITE BASED ON A SITE-SPECIFIC DESIGN STORM EVENT. E. IDENTIFICATION, DEVELOPMENT, IMPLEMENTATION AND MAINTENANCE PROCEDURES OF ADEQUATE EROSION AND SEDIMENT BMPs FOR, AT A MINIMUM, THE STORMWATER OUTFALLS, SLOPED AREAS, AND ANY AREAS LIKELY TO EXPERIENCE EROSION; F. DEVELOPMENT AND IMPLEMENTATION OF EMPLOYEE TRAINING IN ACCORDANCE WITH PERMIT AND IN ACCORDANCE WITH THE STORMWATER TRAINING SOFTWARE PURCHASED BY FACILITY FROM ROGERS LEARNING SYSTEM. WITHIN 30 DAYS, WILLCAN SHALL DEVELOP AND IMPLEMENT INSPECTION, HOUSEKEEPING, CERTIFICATION AND RECORDKEEPING PROCEDURES. WITHIN 30 DAYS, WILLCAN SHALL DEVELOP AND IMPLEMENT QTRLY BENCHMARK SAMPLING AND MONITORING PROCEDURES. BY DEC 15, 2013, WILLCAN, INC., SHALL SUBMIT DOCUMENTATION THAT THE REQUIREMENTS OF THIS AOC HAVE BEEN MET.

Defendants (1)

• WILLCAN, INC. dba BASIC READY MIXNamed in settlement

Facilities (1)

• BASIC READY MIX - CONCRETE CEDARTOWN

  612 THOMPSON STREET, CEDARTOWN, GA, 30125

  Registry ID: 110001760005

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• WILLCAN, INC. dba BASIC READY MIXentered 2013-09-24

  Primary law: CWA

Timeline (4 milestones)

• 2013-09-24Final Order Issued
• 2013-09-25Enforcement Action Data Entered
• 2016-05-13Enforcement Action Closed
• 2016-05-13NPDES Closed