EPA v. DESIGN PRECAST & PIPE, INC.

Case summary

5/23/17 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. ON NOV 16, 2016, EPA AND MDEQ PERFORMED A COMPLIANCE STORMWATER EVALUATION INSPECTION (CSWEI) TO EVALUATE THE RESPONDENT'S COMPLIANCE WITH THE REQUIREMENTS OF CWA 301; THE REGS PROMULGATED THEREUNDER AT 40 CR 122.26; AND THE PERMIT. DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: A. THE FACILITY HAD OUTDOOR INDUSTRIAL PROCESSES, INCLUDING BUT NOT LIMITED TO, PROCESS EQUIPMENT, MATERIAL STORAGE, PRODUCT STORAGE, AND EQUIPMENT MAINTENANCE AN DCLEANING ACTIVITIES WITH POTENTIAL EXPOSURE AND CONTRIBUTION TO STORMWATER CONTAMINATION. B. THE FACILITY IS A CONCRETE PRODUCT MANUFACTURER (SIC CODE 3272) BUT HAS NOT SUBMITTED AN NOI FOR COVERAGE UNDER THE EXISTING PERMIT. IN ACCORDANCE WITH CWA SEC 402(p) AND ITS IMPLEMENTING REGS, BASED ON THE CSWEI AND DUE TO THE HYDROLOGYT OF THE FACILITY AND HISTORIC RAINFALL DATA, EPA HAS DETERMINED THAT FROM JAN 2011 TO DEC 2016, STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITIES GENERALLY TRAVELED IN A SOUTH/SOUTHEASTERLY DIRECTION DISCHARGING DIRECTLY TO THE CANAL ALONG THE EAST SIDE OF THE SITE OR TOWARDS STORMDRAIN INLETS THAT EVENTUALLY DISCHARGED TO THE CANAL BY WAY OF A PONDING AREA. THE CANAL CONNECTS WITH FLAT BRANCH JUST SOUTH OF THE FACILITY WHICH IS PART OF THE MISSISSIPPI COASTAL WATERSHED. FLAT BRANCH IS A TRADITIONALLY NAVIGABLE WATER OF THE U.S. THEREFORE, RESPONDENT HAS VIOLATED CWA 301 BY DISCHARGING STORMWATER W/OUT PROPER AUTHORIZATION TO WATERS OF THE U.S. AGREEMENT ON CONSENT: A. 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 WITHIN 90 DAYS. B. IF RESPONDENT CHOOSES TO COMPLY BY CEASING ALL DISCHARGES, RESPONDENT SHALL SUBMIT A WORK PLAN TO EPA WITHIN 30 DAYS DETAILING THE STEPS RESPONDENT MUST TAKE TO CEASE DISCHARGING. THE WORK PLAN SHALL INCLUDE PROJECTED DATES FOR ACHIEVING MAJOR MILESTONES. THE WORK 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 RESPONDENT'S IMPLEMENTATION OF THE WORK PLAN, THE RESONDENT SHALL SUBMIT A PROGRESS REPORT EVERY 30 DAYS TO EPA. EACH PROGRESS REPORT SHALL INCLUDE PHOTOGRAPHS AND A WRITTEN DESCRIPTION OF THE WORK COMPLETED SINCE THE PREVIOUS PROGRESS REPORT. THE PROGRESS REPORT WILL ASSIST EPA IN DETERMINING WHETHER THE 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 FROM THE FACILITY, RESPONDENT SHALL: - REPORT TO EPA ON THE SUBMISSION OF A RMCNOI AND ASSOCIATED DOCUMENTS TO MDEQ WITHIN 60 DAYS AND SIMULTANEOUSLY SUBMIT A COPY OF THE NOI AND PROOF OF SUBMISSION TO EPA. - SUBMIT A COPY OF THE DEVELOPED STORMWATER POLLUTION PREVENTION PLAN TO EPA WITHIN 60 DAYS. - SUBMIT TO EPA CONFIRMATION THAT THE RMCNOI SUBMITTED FOR THE FACILITY WAS DEEMED ACCEPTABLE TO MDEQ WITHIN 90 DAYS.

Defendants (1)

• DESIGN PRECAST & PIPE, INC.Named in settlement

Facilities (1)

• DESIGN PRECAST & PIPE

  15215 DEDEAUX ROAD, GULFPORT, MS, 39503

  Registry ID: 110059168323

Statutes cited

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

Enforcement conclusions (1)

• DESIGN PRECAST & PIPE, INC.entered 2017-05-23

  Primary law: CWA

Timeline (4 milestones)

• 2017-05-23Final Order Issued
• 2017-06-28Enforcement Action Data Entered
• 2017-12-18NPDES Closed
• 2017-12-18Enforcement Action Closed