EPA v. BANKHEAD MANUFACTURING GROUP, INC.

Case summary

6/22/15 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. ON JAN 29, 2015, EPA, GAEPD AND THE CITY OF ATLANTA PERFORMED A COMPLIANCE INSPECTION (CI) AT THE FACILITY TO EVALUATE THE RESPONDENT'S OCMPLIANCE WITH THE REQUIREMENTS OF CWA 301 AND 402(p); THE REGULATIONS PROMULGATED THEREUNDER AT 40 CFR 122.26; AND THE STORMWATER PERMIT. STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY IS GENERALLY DISCHARGED FROM THE FACILITY THRU TWO OUTFALLS AND SHEET FLOW TO THE CITY OF ATLANTA MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) WHICH ULTIMATELY DISCHARGES TO PROCTOR creek. PROCTOR CREEK IS A TRIBUTARY TO THE CHATTAHOCHEE RIVER, WHICH IS A NAVIGABLE WATER AND A WATER OF THE U.S.. DURING THE CI, EPA OBSERVED THE FOLLOWING: A. THE FACILITY HAS SEVERAL INDUSTRIAL AREAS WITH EXPOSURE TO STORMWATER RUNOFF, INCLUDING VEHICLE STORAGE AND MAINTENANCE OPERATIONS, FUELING AREAS, MATERIAL STORAGE, ABRASION OPERATIONS, AND ASPHALT MILLING OPERATIONS. B. RESPONDENT HAS FAILED TO SUBMIT A NOI REQUESTING COVERAGE UNDER THE JUNE 1, 2012 PERMIT. ON FEB 10, 2015, EPA ISSUED A LETTER OF CONCERN TO RESPONDENT REQUESTING THAT RESPONDENT PROVIDE INFO PERTAINING TO FACILITY'S SIC CODE AND TO ANY CURRENT OR PRIOR NPDES PERMIT COVERAGE AT THE FACILITY. ON FAB 17, 2015, RESPONDENT PROVIDED A RESPONSE TO EPA'S LETTER OF CONCERN, CONFIRMING THAT THE FACILITY HAD PREVIOUS NPDES PERMIT COVERAGE FOR DISCHARGES TO PROCTOR CREEK. A. RESPONDENT HAD SUBMITTED A NOI TO GAEPD ON OCT 18, 2001 FOR NPDES PERMIT COVERAGE UNDER THE 1998 GENERAL PERMIT GAR000000 TO DISCHARGE STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY (1998 PERMIT). THE NOI STATED THAT THE FACILITY DISCHARGED TO PROCTOR CREEK. B. IN OCT 2001, ENVIRONMENTAL PLANNING SPECIALISTS, INC. (EPS) PREPARED A STORMWATER POLLUTION PREVENTION PLAN (PWPPP) FOR THE FACILITY, IN ACCORDANCE WITH THE REQUIREMENTS OF THE 1998 PERMIT. THE SWPPP IDENTIFIED TWO STORMWATER OUTFALLS, OUTFALLS 001 AND 002. C. RESPONDENT HAD SUBMITTED A NOI TO GAEPD ON MAY 27, 2003 FOR NPDES PERMIT COVERAGE UNDER THE ADMINISTRATIVELY-EXTENDED 1998 PERMIT. THE NOI AGAIN STATED THAT THE FACILITY DISCHARGED TO PROCTOR CREEK. THEREFORE, RESPONDENT VIOLATED CWA 301 AND 402(p) FOR FAILURE TO OBTAIN A VALID NPDES PERMIT FOR A FACILITY THAT HAS STORMWATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY AS DEFINED BY THE CWA AND IT IMPLEMENTING REGS. ORDER: RESPONDENT SHALL CEASE ALL UNAUTHORIZED DISCHARGES OF STORMWATER FROM INDUSTRIAL ACTIVITY FROM THE FACILITY TO WATERS OF THE U.S. W/OUT A CWA NPDES PERMIT W/IN 90 DAYS. IF RESPONDENT CHOOSES TO COMPLY, RESPONDENT SHALL SUBMIT A WORK PLAN TO EPA W/IN 30 DAYS DETAILING THE STEPS RESPONDENT MUST TAKE TO CEASE DISCHARGING. THE PLAN SHALL INCLUDE PROJECTED DATES FOR ACHIEVING MAJOR MILESTONES. THE PLAN SHOULD ALSO INCLUDE ANY INTERIM CONTROLS NECESSARY TO PREVENT DISCHARGES OF INDUSTRIAL STORMWATER FROM THE FACILITY AND PROJECTED DATES FOR ESTABLISHING THOSE CONTROLS. THROUGHOUT THE RESPONDENT'S IMPLEMENTATION OF THE WORK PLAN, RESPONDENT SHALL SUBMIT A PROGRESS REPORT EVERY 30 DAYS TO EPA. EACH REPORT SHALL INCLUDE PHOTOS AND A WRITTEN DESCRIPTION OF THE WORK COMPLETED SINCE THE PREVIOUS REPORT. THE REPORTS WILL ASSIST EPA IN DETERMINING WHETHER RESPONDENT IS ABATING THE UNLAWFUL DISCHARGES AND PREVENTING ADD'L DISCHARGES. IF RESPONDENT INTENDS TO COMPLY BY OBTAINING A CWA NPDES PERMIT THAT AUTHORIZES DISCHARGES, RESPONDENT SHALL REPORT TO EPA ON THE SUBMISSION OF A NOI TO GAEPD WITHIN 30 DAYS, AND SIMULTANEOUSLY SUBMIT A COPY OF THE NOI TO EPA.

Defendants (1)

• BANKHEAD MANUFACTURING GROUP, INC.Named in settlement

Facilities (1)

• BANKHEAD MANUFACTURING GROUP

  1080 DONALD LEE HOLLOWELL PARKWAY NW, ATLANTA, GA, 30318

  Registry ID: 110005675331

Statutes cited

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

Enforcement conclusions (1)

• BANKHEAD MANUFACTURING GROUP, INC.entered 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