EPA v. ENNIS PAINT, INC.

Case summary

8/4/15 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT. RESPONDENT OWNED AND/OR OPERATED A PLASTIC COATING MANUFACTURING FACILITY IN ATLANTA, GA. THE FACILITY IS LOCATED ON APPROX 5.2 ACRES, CONSISTING OF A 98,000 SQ FOOT BUILDING WHICH INCLUDES THE MANUFACTURING PROCESS AND OFFICES ( MAIN BUILDING ), A 1,000 SQ FOOT 3-SIDED STORAGE SHED, A 176-SQ FOOT COMPRESSOR BUILDING, AND AN OUTDOOR PRODUCT AND RAW MATERIAL STORAGE AREA. STORMWATER DRAINS ARE LOCATED THROUGHOUT THE FACILITY INCLUDING IN THE EMPLOYEE PARKING AREA ON THE WEST SIDE OF THE MAIN BUILDING AND IN THE OUTDOOR STORAGE AREAS ALONG THE NORTH AND EAST SIDES OF THE MAIN BLDG. ON JAN 29, 2015, EPA, GAEPA AND THE CIYT OF ATLANTA PERFORMED A COMPLIANCE INSPECTION (CI) AT THE FACILITY TO EVALUATE AT RESPONDENT'S COMPLIANCE WITH THE REQUIREMENTS OF CWA SECTION 301 AND 402(p); THE REGS PROMULGATED THEREUNDER AT 40 CFR 122.26 AND THE STORMWATER PERMIT. RESPONDENT'S RESPONSIBLE OFFICIAL, PAUL STEVENSON, MET WITH EPA INSPECTORS ONSITE AND PROVIDED A FACILITY TOUR AND THE RESPONDENT'S PERMIT HISTORY. STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY WAS GENERALLY DISCHARGED FROM FACILITY THROUGH BOTH THE OUTFALL AT THE NW CORNER OF THE SITE AND THROUGH SHEET FLOW ALONG VARIOUS AREAS OF THE SITE. BOTH TYPES OF DISCHARGE GO TO THE CITY OF ATLANTA MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4), WHICH ULTIMATELY DISCHARGES TO PROCTOR CREEK. PROCTOR CREEK IS A TRIBUTARY TO CHATTAHOOCHEE RIVER, WHICH IS A NAVIGABLE WATER AND A WATER OF THE U.S. FACILITY WAS TARGETED FOR THE CI BECAUSE GAEPD HAD NO RECORD OF THE FACILTY HAVING PERMIT COVERAGE. ACCORDING TO FACILITY PERSONNEL DURING THE CI, THEY BELIEVED THAT PERMIT COVERAGE HAD BEEN OBTAINED FOR THE FACILITY AND THAT THEY HAD IMPLEMENTED THE NECESSARY PROGRAMS UNDER THE PERMIT. THIS INCLUDED THE DEVELOPMENT AND IMPLEMENTATION OF A STORMWATER POLLUTION PREVENTION PLAN (SWPPP). DURING THE CI, EPA OBSERVED THE FOLLOWING: A. FACILITY HAS SEVERAL INDUSTRIAL AREAS WITH EXPOSURE TO STORMWATER RUNOFF, INCLUDING TRUCK PARKING, RAW MATERIAL STORAGE, PRODUCT STORAGE, AIR POLLUTION CONTROL EQUIPMENT, AND WASTE DISPOSAL AREAS. B. RESPONDENT FAILED TO PROPERLY SUBMIT A NOI REQUESTING COVERAGE UNDER THE JUNE 1, 2012 PERMIT. C. ALL OF THE REQUIREMENTS OF THE SWPPP HAD NOT BEEN MET BY FACILITY. D. ALL OF THE RECORDKEEPING REQUIREMENTS OF THE PERMIT HAD NOT BEEN MET BY THE FACILITY. E. SWPPP HOUSEKEEPING DEFICIENCIES WERE OBSERVED AT VARIOUS AREAS OF THE SITE. EXAMPLES INCLUDES AREAS OF THE FACILITY IN NEED OF SWEEPING AND VARIOUS BEST MANAGEMENT PRACTICIES (BMPs) IN NEED OF MAINTENANCE SUCH AS MISSING OR DAMAGED FILTER CLOTHS IN STORM DRAIN INLETS, FAILED CONTAINMENT OF SPILLED OIL IN THE COMPRESSOR BUILDING, AND DRAINAGE VALVES AT SECONDARY CONTAINMENT STRUCTURES BEING LEFT OPEN. ON FEB 26, 2015, EPA ISSUED A LETTER OF CONCERN TO RESPONDENT, REQUESTING THAT RESPONDENT PROVIDE INFO VERIFYING THAT DEFICIENCIES IDENTIFIED IN THE CI REPORT WERE ADDRESSED. ADDITIONALLY, EPA REQUESTED VERIFICATION THAT THE NECESSARY DOCUMENTS HAD BEEN SENT TO GAEPD REQUESTING COVERAGE UNDER THE PERMIT. ON MARCH 3, 2015 AND APR 9, 2015, RESPONDENT PROVIDED RESPONSES TO EPA'S LETTER OF CONCERN CONFIRMING THAT IT HAD ADDRESSED THE DEFICIENCIES. HOWEVER, RESPONDENT COULD NOT PROVIDED DOCUMENTATION THAT IT HAD SUBMITTED THE APPROPRIATE DOCUMENTS FOR PERMIT COVERAGE. THEREFORE, RESPONDENT HAS VIOLATED CWA 301 AND 402(p) FOR FAILURE TO OBTAIN VALID NPDES PERMIT COVERAGE FOR THE FACILTY THAT HAS STORMWATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY AS DEFINED BY THE CWA AND ITS IMPLEMENTING REGS. ORDER ON CONSENT: RESPONDENT SHALL CEASE ALL UNAUTHORIZED DISCHARGES OF STORMWATER FROM INDUSTRIAL ACTIVITY FROM THE FACILITY TO WATERS OF THE U.S. WITHOUT A CWA NPDES PERMIT WITHIN 30 DAYS.

Defendants (1)

• ENNIS PAINT, INC.Named in settlement

Facilities (1)

• ENNIS-FLINT TRAFFIC SOLUTIONS

  1855 PLYMOUTH ROAD, NW, ATLANTA, GA, 30318

  Registry ID: 110063719007

Statutes cited

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

Enforcement conclusions (1)

• ENNIS PAINT, INC.entered 2015-08-04

  Primary law: CWA

Timeline (4 milestones)

• 2015-08-04Final Order Issued
• 2015-09-09Enforcement Action Data Entered
• 2016-01-01NPDES Closed
• 2016-01-01Enforcement Action Closed