EPA v. COLUMBUS CONSOLIDATED GOVERNMENT

Case summary

2/10/17-AOC ISSUED. ON DEC 2-5, 2014, A CONTRACTOR FOR EPA, EPA AND GAEPD, CONDUCTED AN INSPECTION OF RESPONDENT'S MS4 PROGRAM. ON APR 24, 2015, EPA SENT A NOV TO RESPONDENT FOR VIOLATIONS OF THE CWA AND THE PERMIT OBSERVED DURING THE INSPECTION AND REQUESTED THAT RESPONDENT CONTACT EPA TO SCHEDULE A SHOW CAUSE MEETING. ON JUNE 9, 2015, EPA RECEIVED INFO FROM RESPONDENT IN RESPONSE TO THE NOV. ON JUNE 10, 2015, A SHOW CAUSE MEETING WAS HELD. ON JUNE 11, 2015, EPA RECEIVED ADD'L INFO IN RESPONSE TO THE NOV AND INFO REQUESTED DURING SHOW CAUSE. THE FOLLOWING FINDINGS ARE BASED ON THE INSPECTION, EPA'S REVIEW OF THE DOCS PROVIDED AND THE SHOW CAUSE MTG AND ARE IN VIOLATION OF THE PERMIT: - RESPONDENT SCREENED ONLY 41 OUTFALLS IN 2013-2014. THEREFORE, RESPONDENT FAILED TO SCREEN AT LEAST 20% OF THE 747 MS4 OUTFALLS THAT YEAR. ATTRIBUTABLE IN PART TO LOSS OF STAFF DURING HIRING FREEZE. CCG MADE UP SOME OF THESE INSPECTIONS AS PART OF A NEGOTIATED SCHEDULE WITH GAEPD. -RESPONDENT HAS FAILED TO PROVIDE THE NUMBER OF OUTFALLS ADDED DURING THE REPORTING PERIOD AND THE TOTAL NUMBER OF OUTFALLS IN THE INVENTORY IN THE ANNUAL REPTS. ATTRIBUTABLE IN PART TO THE DIFFICULTY CCG HAD IN OBTAINING THEIR DATA FROM A CONTACTOR. -CONTROL STRUCTURE INSPECTIONS. THE 2012-2013, 2013-2014, AND 2014-2015 ANNUAL REPORTS NOTE THAT THE TOTAL LENGTH OF THE STRUCTURAL CONTROL DITCHES IS UNKNOWN. BECAUSE THE TOTAL LENGTH OF THE DITCHES IS UNKNOWN, IT COULD NOT BE DETERMINED HOW RESPONDENT VERIFIES THAT IT IS INSPECTING A REASONABLE PERCENTAGE OF THE DITCHES ANNUALLY TO ENSURE 100% OF THE DITCHES WILL BE INSPECTED DURING THE PERMIT CYCLE. RESPONDENT FAILED TO ADEQUATELY DOCUMENT THAT 100% OF DITCHES ARE BEING INSPECTED WITHIN THE 5-YR PERMIT CYCLE. THE 2014-15 ANNUAL REPORT SAYS VARIES FOR THE FREQUENCY AT WHICH PERMANENT CONTROL STRUCTURES WERE INSPECTED. ATTRIBUTABLE IN PART TO THE DIFFICULTY CCG HAD IN OBTAINING DATA FROM A CONTRACTOR. -OUTFALL SCREENING. THE REPORTING TABLE FOR THE LAST 3 ANNUAL REPTS DOES NOT INCLUDE ANY MS4 OUTFALLS THAT WERE INSPECTED. THE NUMBER OF DETECTION/RETENTION PONDS IS INCONSISTENT IN THE 2014-15 ANNUAL REPT AND LISTS THE COUNT AS 70, 71, AND 74 DEPENDING ON WHERE ONE LOOKS IN THE REPT. RESPONDENT IS REQUIRED TO SCREEN AT LEAST 20% OF THE 747 MS4 OUTFALLS EACH YEAR. -RESPONDENT FAILED TO INCLUDE TRNG OF THE MS4 STAFF INVOLVED IN MUNICIPAL FACILITY OPERATION ACTIVITIES (CHEMICAL APPLICATION) IN THE 2012-13 ANNUAL REPT. -RESPONDENT FAILED TO ID SOURCE OF DRY WEATHER FLOWS, IMPLEMENT FOLLOWUP PROCEDURES, CONDUCT ENFORCEMENT, PROVIDE INFO ON THE RESULTS OF SOURCE ID ACTIVITIES. -RESPONDENT'S INDUSTRIAL INVENTORY AND ANNUAL REPT DO NOT CONTAIN ALL OF THE FACILITIES LISTED ON THE GAEPD's INDUSTRIAL STORM WATER GENERAL PERMIT NOI AND NEE ONLINE LISTINGS. -INDUSTRIAL INSPECTION PRIORITIZATION CRITERIA ID'd IN RESPONDENT'S SWPPP, WERE NOT FOLLOWED. -RESPONDENT HAS NOT CONDUCTED MONITORING OF THE INDUSTRIES LISTED IN ITS INVENTORY. -RESPONDENT IS NOT DOCUMENTING AND REPORTING ALL ENFORCEMENT ACTIONS CONDUCTED IN THE INDUSTRIAL PROGRAM. -EDUCATIONAL MATERIALS AND TRNG ARE NOT PROVIDED ANNUALLY TO ALL INDUSTRIES LISTED IN THE INVENTORY. -RESPONDENT DID NOT INCLUDE A ROSTER OF TRNG ATTENDEES FOR THE PINE GROVE LANDFILL EMPLOYEES OR COPIES OF MATERIALS HANDED OUT. -RESPONDENT'S CONSTRUCTION INSPECTIONS FAILED TO EVALUATE AND ID BMP MAINTENANCE ISSUES, THUS FAILING TO ENSURE THAT STRUCTURAL BMPs AT CONSTRUCTION SITES ARE PROPERLY MAINTAINED. -RESPONDENT FAILED TO DOCUMENT ALL ENFORCEMENT ACTIONS IN THE CONSTRUCTION PROGRAM DURING THE REPORTING PERIOD IN EACH ANNUAL REPT, INCLUDING THE NUMBER, TYPE. -RESPONDENT DID NOT PROVIDE A LIST OF THE HVPS FACILITIES AGAINST WHICH ENFORCEMENT WAS TAKEN IN THE ANNUAL REPT, OR OUTCOMES. -THE 2014-15 ANNUAL REPT WAS DUE BY MAY 15, 2015. RESPONDENT REQUESTED AND RECEIVED AN EXTENSION BY EPD UNTIL MAY 29. EPD DID NOT RECEIVE THE ANNUAL REPT UNTIL JUNE 1.

Defendants (1)

• COLUMBUS CONSOLIDATED GOVERNMENTNamed in settlement

Facilities (1)

• COLUMBUS CONSOLIDATED GOVERNMENT MS4

  420 10TH ST, COLUMBUS, GA, 31901

  Registry ID: 110011329428

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• COLUMBUS CONSOLIDATED GOVERNMENTentered 2017-02-10

  Primary law: CWA

Timeline (4 milestones)

• 2017-02-10Final Order Issued
• 2017-02-21Enforcement Action Data Entered
• 2018-09-24NPDES Closed
• 2018-09-24Enforcement Action Closed