EPA v. PROTECH METAL FINISHING, LLC

Case summary

6/22/15 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. ORDER REQUIRES: WITHIN 60 DAYS, AMEND THE SWPPP TO INCORPORATE, AT A MINIMUM: DEVEOPMENT AND IMPLEMENTATION SCHEDULES; EXTERIOR BMPs (INCLUDING, BUT NOT LIMITED TO, THE ABRASIVE BLAST WASTE DEPOSIT AREA ON THE EAST SIDE OF BUILDING 1, AND ANY UNCOVERED OR EXPOSED EXTERIOR MATERIAL STORAGE AREAS, SCRAP PILES, CONTAINERS, AND WASTE PILES); INTERIOR BMPs (INCLUDING, BUT NOT LIMITED TO, SECONDARY CONTAINMENT (E.G., 4-INCH DYKE(S))); AND A BMP MAP. SUBMIT DOCUMENTATION FOR EPA REVIEW AND APPROVAL. B. WITHIN 90 DAYS, PROPERLY INSTALL, OPERATE AND MAINTAIN THE FOLLOWING BMPs IN ACCORDING WITH THE SWPPP AND SUBMIT DOCUMENTATION THAT THESE REQUIREMENTS HAVE BEEN MET. BMP DEVELOPMENT, IMPLEMENTATION, AND MAINTENANCE ITEMS SHOULD INCLUDE, AT A MINIMUM, THE FOLLOWING: - ALL NEW OR REVISED BMPs FROM REVISED SWPPP; - ADEQUATELY MAINTAIN STORMWATER RETENTION POND TO PREVENT EXCESSIVE VEGETATION (E.G. TREES) AND SEDIMENTATION FROM IMPACTING THE INTEGRITY AND RETENTION CAPACITY. C. BEGINNING 30 DAYS AFTER EFFECTIVE DATE OF AOC, ON THE FIRST DAY OF EACH MONTH, SUBMIT FOR 6 MONTHS TO EPA THE FOLLOWING: - ALL INSPECTION REPORTS (INCLUDING WEEKLY, MONTHLY, QTRLY) ANY ASSOCIATED PHOTOS, AND CORRECTIVE ACTION RECORDS COMPLETED TO COMPLY WITH SECTIONS 4 AND 11.AA.5.3 OF THE STORMWATER PERMIT, AND THE SWPPP. -- ALL SAMPLING RESULTS OBTAINED TO COMPLY WITH SECTION 11.AA.5 OF THE STORMWATER PERMIT AND RECORDS VERIFYING THAT SAMPLES ARE COLLECTED PER THE CONDITIONS OF SECTIONS 6 AND 11.AA.5 OF THE STORMWATER PERMIT. ---ALL BENCHMRAK EXCEEDANCES SUBMITTED TO TDEC IN ACCORDANCE WITH SECTION 11.AA.5.1.2 OF THE STORMWATER PERMIT. WITHIN 90 DAYS, RE-EVALUATE STORMWATER FOR THE NON-STORMWATER DISCHARGE CERTIFICATION AND INCLUDE ALL PERTINENT INFO, INCLUDING: THE NON-STORMWATER DISCHARGE CERTIFICATION SUBMITTED TO TDEC, INCLUDING THE DATE OF EVALUATION, THE METHOD OF DETERMINATION, WHICH DRAINAGE POINTS WERE OBSERVED, AND THE ID OF THE QUALIFIED INDIVIDUAL PERFORMING THE CERTIFICATION. WITHIN 30 DAYS, MODIFY AND SUBMIT FOR EPA REVIEW AND COMMENT THE FOLLOWING REPORT FORMS AND RECORDS: - WHEN ANNUAL STORMWATER MONITORING IS PERFORMED, RECORD AND MAINTAIN RECORDS DOCUMENTING REQUIRED RAIN EVENT PARAMETERS, PURSUANT TO THE STORMWATER PERMIT SECTOIN 11.AA.5.1; AND --MODIFY INSPECTION FORM TO PROVIDE A COMPREHENSIVE EVALUATION OF THE FACILITY AT THE INTERVAL SPECIFIED IN THE SWPPP. PURSUANT TO STORMWATER PERMIT SECTION 11.AA.3.2.3.4, THE INSPECTION FORM SHALL INCLUDE, AT A MINIMUM, THE FOLLOWING AREAS FOR INSPECTION: RAW METAL STORAGE AREAS; FINISHED PRODUCT STORAGE AREAS; MATERIAL AND CHEMICAL STORAGE AREAS; RECYCLING AREAS; LOADING AND UNLOADING AREAS; EQUIPMENT STORAGE AREAS; PAINT AREAS; FUELING AND MAINTENANCE AREAS; AND WASTE MGMT AREAS. THE FORM SHALL ALSO INCLUDE TRACKING OR FOLLOWUP PROCEDURES TO ENSURE THAT APPROPRIATE ACTIONS ARE TAKEN IN RESPONSE TO THE INSPECTION. EFFECTIVELY IMMEDIATELY, IF, DURING THE COURSE OF ON-SITE INSPECTIONS BMP FAILURE ARE OBSERVED WHICH HAVE RESULTED IN SEDIMENT DEPOSITION INTO WATERS OF THE STATE, RESPONDENT SHALL, WITHIN 14 DAYS AFTER SUCH INSPECTIONS, REVIEW ITS SWPPP AND MAKE ANY NECESSARY MODIFICATIONS OR ADDITIONS TO THE SWPPP AND CORRECT ANY BMP FAILURES. RESPONDENT SHALL ALSO, WITHIN 60 DAYS AFTER SUCH INSPECTION, SUBMIT TO TDEC AND EPA A SUMMARY OF THE DISCHARGES, ANY PROPOSED SWPPP MODS AND CERTIFICATION THAT BMP FAILURES HAVE BEEN ADEQUATELY CORRECTED, IN ACCORDANCE WITH STORMWATER PERMIT SECTION 4.6.

Defendants (1)

• PROTECH METAL FINISHING, LLC (SB)Named in settlement

Facilities (4)

• PROTECH METAL FINISHING LLC

  120 TELLICO PORT ROAD, VONORE, TN, 37885

  Registry ID: 110016711673

• PROTECH METAL FINISHING LLC

  120 TELLICO PORT ROAD, VONORE, TN, 37885

  Registry ID: 110016711673

• PROTECH METAL FINISHING LLC

  120 TELLICO PORT ROAD, VONORE, TN, 37885

  Registry ID: 110016711673

• PROTECH METAL FINISHING LLC

  120 TELLICO PORT ROAD, VONORE, TN, 37885

  Registry ID: 110016711673

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• PROTECH METAL FINISHING, LLCentered 2015-06-22

  Primary law: CWA

Timeline (4 milestones)

• 2015-06-22Final Order Issued
• 2015-06-30Enforcement Action Data Entered
• 2016-01-01NPDES Closed
• 2016-01-01Enforcement Action Closed