If I can be of any assistance, please contact me at or (501)

Transcription

1 January 12, 2015 Shaun Browning, Owner/operator Browning Redi-Mix PO Box 5035 Cabot, AR RE: Browning Redi-Mix Inspection AFIN: Permit No.: ARR Dear Mr. Browning: On October 16, 2014 I performed a complaint instigated Compliance Evaluation Inspection of the above referenced facility in accordance with the provisions of the Federal Clean Water Act, the Arkansas Water and Air Pollution Control Act, and the regulations promulgated thereunder. A copy of the inspection report is enclosed for your records. Please refer to the Summary of Findings section of the attached inspection report and provide a written response for each violation that was noted. This response should be mailed to the attention of the Water Division Inspection Branch at the address at the bottom of this letter or e- mailed to Water-Inspection-Report@adeq.state.ar.us. This response should contain documentation describing the course of action taken to correct each item noted. This corrective action should be completed as soon as possible, and the written response with all necessary documentation (i.e. photos) is due by January 26, If I can be of any assistance, please contact me at bakerclark@adeq.state.ar.us or (501) Sincerely, Clark Baker District 9 Field Inspector Water Division CC: Dr. Jamal Solaimanian, Engineer Supervisor, Water Division Permits Branch CC: Jessica Temple, Engineer, Water Division Permits Branch Page 1 of 15

2 Inspection Report: Browning Redi-Mix, AFIN: , Permit #: ARR FACILITY INFORMATION NAME: Browning Redi-Mix LOCATION: 6127 Hwy 367 South CITY: Beebe RESPONSIBLE OFFICIAL NAME: / TITLE Shaun Browning / Owner/operator COMPANY: Browning Redi-Mix MAILING ADDRESS: PO Box 5035 CITY, STATE, ZIP: Cabot AR PHONE & EXT: / FAX: / WATER DIVISION INSPECTION REPORT AFIN: PERMIT #: ARR DATE: 10/16/2014 COUNTY: 73 White PDS #: MEDIA: W GPS LAT: LONG: LOCATION: Entrance FACILITY TYPE: 2 - Industrial FACILITY EVALUATION RATING: 1 - Unsatisfactory INSPECTION INFORMATION INSPECTOR ID#: S - State DATE(S): ENTRY TIME: EXIT TIME: 10/16/ :45 16:00 10/24/ :30 15:30 FAYETTEVILLE SHALE RELATED: N INSPECTION TYPE: Compliance Evaluation PERMIT EFFECTIVE DATE: 3/8/2012 PERMIT EXPIRATION DATE: 6/30/2019 FAYETTEVILLE SHALE VIOLATIONS: N INSPECTION PARTICIPANTS NAME/TITLE/PHONE/FAX/ /ETC.: Clark Baker/ADEQ Water Inspector/(501) redimix@yahoo.com CONTACTED DURING INSPECTION: Yes AREA EVALUATIONS (S=Satisfactory, M=Marginal, U=Unsatisfactory, N=Not Applicable/Evaluated) S PERMIT N FLOW MEASUREMENT U STORMWATER S RECORDS/REPORTS N LABORATORY U FACILITY SITE REVIEW U OPERATION & MAINTENANCE S EFFLUENT/RECEIVING WATER N SELF-MONITORING PROGRAM S SAMPLING N SLUDGE HANDLING/DISPOSAL N PRETREATMENT N OTHER: SUMMARY OF FINDINGS 1. Improper placement of concrete waste where it is likely to discharge to the waters of the state in violation of Arkansas Water and Air Pollution Control Act (a)(2) which states, It shall be unlawful for any person to place or cause to be place any sewage, industrial waste, or other wastes in a location where it is likely to cause pollution of any waters of this state. 2. A non-stormwater discharge from the site in violation of Part of the permit. 3. A detailed and accurate facility description has not been submitted in violation of Part of the permit. GENERAL COMMENTS Concrete waste is being discharged in areas other than the proposed and approved area. The concrete waste catch basin has a levee that has been broken and is discharging concrete waste. As a result of these conditions and activities the concrete waste appears to have gotten off of the property owned by the facility. In November multiple efforts were made by Jessica Temple, ADEQ Permit Engineer, to contact Mr. Browning and request a more detailed and accurate site map. To date ADEQ has not received the requested site map. INSPECTOR S SIGNATURE: Clark Baker DATE: 1/9/2015 SUPERVISOR S SIGNATURE: Jason Bolenbaugh DATE: 1/12/2015 Inspection Report Page 2 of 15

3 Inspection Report: Browning Redi-Mix, AFIN: , Permit #: ARR Inspection Form Legend: S = Satisfactory, M = Marginal, U = Unsatisfactory, Y = Yes, N = No, NI = Not Implemented, NA = Not Applicable, NE = Not Evaluated If Y and a NI are check it means it is in the SWPPP but not implemented in the field which is a violation. SECTION A: PERMIT VERIFICATION PERMIT SATISFACTORILY ADDRESSES OBSERVATIONS S M U NA NE 1. CORRECT NAME AND MAILING ADDRESS OF PERMITTEE: Y N NA NE 2. NOTIFICATION GIVEN TO EPA/STATE OF NEW DIFFERENT OR INCREASED DISCHARGES: Y N NA NE 3. NUMBER AND LOCATION OF DISCHARGE POINTS AS DESCRIBED IN PERMIT: Y N NA NE 4. ALL DISCHARGES ARE PERMITTED: Y N NA NE Comments: SECTION B: STORM WATER POLLUTION PREVENTION PLAN EVALUATION PERMITTEE SWPPP MEETS PERMIT REQUIRMENTS S M U NA NE 1. Is the SWPPP available for review by ADEQ? (Part 4.2) 2. Does the SWPPP contain facility name, general permit tracking number, facility physical address, and SIC and NAICS codes? (Part 4.6.1) 3. Pollution Prevention Team A. Does the SWPPP identify specific individuals or positions?(part 4.6.2) B. Does the SWPPP outline the responsibilities of each member of the Pollution Prevention Team? (Part 4.6.2) 4. Does the SWPPP contain a facility description (process diagram, general layout, storage of raw materials, the flow of goods and materials through the facility and seasonal variations)? (Part 4.6.3) 5. Does the facility site map contain the following items? A) The size of the property in acres? (Part a) B) The location and extent of significant structures and impervious surfaces? (Part b) C) The direction of stormwater flow using arrows? (Part c) Not for Area C. D) The locations of all existing structural control measures? (Part d) Not for Area C. E) The locations of all receiving waters in the immediate vicinity of the facility? (Part e) Y N NI NA NE F) The locations of all stormwater conveyances including ditches, pipes, and swales? (Part f) Y N NI NA NE G) The locations of potential pollutant sources? (Part g) Not for Area C. H) The locations of all stormwater monitoring points? (Part h) I) The locations of stormwater inlets and outfalls with unique identification code for each outfall with indications if one or more outfall is being treated as substantially identical and an approximate outline of the areas draining to each outfall? (Part i) J) Where the stormwater discharges to municipal separate storm sewer system (MS4), if applicable? (Part j) Y N NI NA NE K) The locations and descriptions of all non-stormwater discharges identified in the SWPPP? (Part k) Y N NI NA NE L) The locations of the following activities if they are exposed to precipitation? (Part l) Fueling Stations Vehicle and equipment maintenance and/or cleaning areas Loading and unloading areas Locations used for the treatment, storage, or disposal of waste Y N NI NA NE Liquid storage tanks Processing and storage areas Immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-byproducts used or created by the facility Transfer areas for substances in bulk Machinery M) The locations and sources of run-on to the site from adjacent property that contains significant quantities of pollutants? (Part m) Y N NI NA NE 6. A description of potential pollutant sources A) An inventory of industrial activities which have been or may potentially be sources of significant amounts of pollutants? (Part ) B) An inventory of all types of materials handled at the site that might potentially be exposed to precipitation? (Part ) Inspection Y Report N NI Page NA 3 of NE 15

4 Inspection Report: Browning Redi-Mix, AFIN: , Permit #: ARR C) A list of significant spills and significant leaks of toxic or hazardous pollutants that have occurred in areas exposed to precipitation or drained to a stormwater conveyance for three years prior to the Y N NI NA NE effective date of the permit. (Part ) D) A summary of existing discharge sampling data (Part ) E) Risk Identification and Summary of Potential Pollutant Sources (Part ) 7. Measures and Controls SWPPP must describe how these are used. A) Best Management Practices (BMPs) (Part ) B) Exposure Minimization (Part ) C) Good Housekeeping (Part ) D) Preventative Maintenance (Part ) E) Spill Prevention and Response Procedures (Part ) F) Employee Training Procedures (Part ) G) Erosion and Sediment Control (Part ) H) Management of Run-on and Runoff (Part ) I) Additional Requirements for Salt Storage (Part ) Y N NI NA NE 8. Authorized Non-stormwater Discharges (Part 4.6.7) list must be in SWPPP Y N NI NA NE 9. Evaluations and Inspections (Part ) A) Visual Site Inspections (minimum 4/year) (Part ) (Two documented on file for 2012) Y N NI NA NE At least one visual inspection conducted during a rain event Inspections recorded and include: date of inspection, person doing inspection; major observations, and corrective actions required. Y N NI NA NE Y N NI NA NE B) Comprehensive Site Compliance Evaluation (Annual) (Part ) Y N NI NA NE Comments: The Site Map is not detailed enough and does not include the ditches that border the property or the direction of flow from the truck wash area. The Site Map does not detail all of the area where concrete waste has been regularly dumped. The concrete waste appears to have gotten off of the property owned by the facility and is viewed as a non-stormwater discharge. SECTION C: MONITORING PERMITTEE MONITORING MEETS PERMIT REQUIRMENTS S M U NA NE 1. Is the facility one of the four Effluent Guideline Facilities in the Permit? (Cement MFG, Fertilizer MFG, Steam Electric coal pile, or Paving and Roofing Materials)(Part 3.1.1) A) Are all outfalls from the regulated process being sampled? (Part 3.1.3) B) If coal pile run off is monitored, are all other stormwater flows excluded? (Part 3.1.1) Y N NI NA NE 2 Which of the monitoring categories is this facility subject to: (Part 3.3) Cement Manufacturing (40 CFR 411) A) Are samples being collected for each annual monitoring period (Part 3.5) B) Are samples being collected from the location specified in the NOI and SWPPP (Part 3.6) Y N NI NA NE C) Has the permittee determined that some of the outfalls are similar? (Part 3.7.1) Are the conditions on the ground still the same as documented for the similar outfalls (Part 3.7.1) D) Are all parameters for the monitoring category being sampled and analyzed? (Part 3.7.2) E) Were the samples collected during a measureable storm event? (Part b) F) Were the samples properly preserved and analyzed? (Part 3.7.2) Y N NI NA NE G) Are the sample locations suitable for the collection of a representative sample? (Part 3.3) Y N NI NA NE 3. Has any of the monitoring revealed an exceedance of the benchmark values for this facility?(part ) Y N NI NA NE A) Has a process to develop a corrective action plan been started within 30 days of exceedances? (Part ) Y N NI NA NE B) If four monitoring periods have passed without an exceedance of a benchmark value, has the permittee requested a reduction in monitoring? (Part ) Y N NI NA NE Comments: It is suspected that the two outfalls are not actually similar. The permit states that Outfall 002 will be sampled, but for the annual report Outfall 001 was sampled. Outfall 001 is the only one that appears to leave the site into a water body. Outfall 002 does not appear to actually be an Outfall. The truck wash area does not appear to drain towards either outfall, but instead straight into the ditch along the property border. Inspection Report Page 4 of 15

5 Inspection Report: Browning Redi-Mix, AFIN: , Permit #: ARR SECTION D: RECORD KEEPING AND REPORTING PERMITTEE RECORD KEEPING AND REPORTING MEETS PERMIT REQUIRMENTS S M U NA NE 1. Have DMRs for the previous year of monitoring been submitted to ADEQ and is a copy in the file? (Part a) Are the DMRs properly completed? Does the permittee have copies of lab reports and chain of custody records? Are the appropriate records of the measureable storm event and sampling being kept? (Part e) 2. Has a copy of the annual comprehensive evaluation been submitted to the agency and is a copy on file? (Part b) Y N NI NA NE Y N NI NA NE 3. Is permittee keeping copies of inspections and corrective actions on file? (Part ) Y N NI NA NE 4. Are copies of training records being kept on file? (Part ) Y N NI NA NE 5. Is there a list of significant spills and leaks being maintained? (Part ) Y N NI NA NE Comments: SECTION E: FACILITY TOUR PERMITTEE FACILITY TOUR MEETS PERMIT REQUIRMENTS S M U NA NE 1. Any evidence of spills or leaks that have not been properly cleaned up as required by the SWPPP? Y N NI NA NE 2. Any evidence of erosion or un-stabilized ground? Y N NI NA NE 3. Any controls, structures, or storage areas that are not as identified in the SWPPP? Y N NI NA NE 4. Any non-stormwater discharges not identified in the SWPPP? (see Part 1.7 of permit for list of allowable non-stormwater discharges) 5. Any non-stormwater discharges that are not allowed under this permit? (see Part 1.7 of permit for list of allowable non-stormwater discharges) Y N NI NA NE 6. Are BMPs being properly operated and maintained? (Part 6.1) Y N NI NA NE 7. Are housekeeping procedures being implemented and are they sufficient? Y N NI NA NE Comments: The concrete waste appears to have gotten off of the property owned by the facility and is viewed as a non-stormwater discharge. Inspection Report Page 5 of 15

6 Inspection Report: Browning Redi-Mix, AFIN: , Permit #: ARR Water Division Photographic Evidence Sheet Location: Browning Redi-Mix 15:38 Photographer: Clark Baker Date: 10/16/2014 Time: 1 Witness: None Photo #: The concrete waste catch basin that is full of concrete waste and is discharging Description: concrete waste via the break in the levee that is circled in yellow Photographer: Clark Baker Date: 10/16/2014 Witness: None Description: The truck wash area is gravel and drains off site into a ditch 15:28 Time: 2 Photo #: Inspection Report Page 6 of 15

7 Inspection Report: Browning Redi-Mix, AFIN: , Permit #: ARR Water Division Photographic Evidence Sheet Location: Browning Redi-Mix Photographer: Clark Baker Date: 10/16/2014 Time: 15:29 Witness: None Photo #: 3 Description: Ditch leading to outfall 001 with no evidence of concrete waste Photographer: Clark Baker Date: 10/16/2014 Time: 15:30 Witness: None Photo #: 4 Description: Outfall 001 where the ditch leaves the property and enters the ditch Inspection Report Page 7 of 15

8 Inspection Report: Browning Redi-Mix, AFIN: , Permit #: ARR Water Division Photographic Evidence Sheet Location: Browning Redi-Mix Photographer: Clark Baker Date: 10/24/2014 Time: 15:28 Witness: None Photo #: 5 Description: Ditch leading to outfall 001 with evidence of concrete waste having been dumped in it Photographer: Clark Baker Date: 10/24/2014 Time: 15:27 Witness: None Photo #: 6 Description: Ditch leading to outfall 001 with evidence of concrete waste having been dumped in it Inspection Report Page 8 of 15

9 Inspection Report: Browning Redi-Mix, AFIN: , Permit #: ARR Water Division Photographic Evidence Sheet Location: Browning Redi-Mix 15:36 Photographer: Clark Baker Date: 10/16/2014 Time: 7 Witness: None Photo #: Concrete waste being dumped outside the approved area and spread throughout Description: the South West edge of the property and off the property 15:36 Photographer: Clark Baker Date: 10/16/2014 Time: 8 Witness: None Photo #: Concrete waste being dumped outside the approved area and spread throughout Description: the South West edge of the property and off the property Inspection Report Page 9 of 15

10 Inspection Report: Browning Redi-Mix, AFIN: , Permit #: ARR Water Division Photographic Evidence Sheet Location: Browning Redi-Mix 15:43 Photographer: Clark Baker Date: 10/16/2014 Time: 9 Witness: None Photo #: Concrete waste spread throughout the South West edge of the property and off the Description: property 15:44 Photographer: Clark Baker Date: 10/16/2014 Time: Witness: None Photo #: 10 My footprints serve as evidence of recent concrete waste being dumped outside Description: the approved area Inspection Report Page 10 of 15

11 Inspection Report: Browning Redi-Mix, AFIN: , Permit #: ARR Water Division Photographic Evidence Sheet Location: Browning Redi-Mix 15:44 Photographer: Clark Baker Date: 10/16/2014 Time: Witness: None Photo #: 11 Concrete waste being dumped outside the approved area and spread throughout Description: the South West edge of the property and off the property 15:45 Photographer: Clark Baker Date: 10/16/2014 Time: Witness: None Photo #: 12 Concrete waste being dumped outside the approved area and spread throughout Description: the South edge of the property and off the property Inspection Report Page 11 of 15

12 Inspection Report: Browning Redi-Mix, AFIN: , Permit #: ARR Water Division Photographic Evidence Sheet Location: Browning Redi-Mix Photographer: Clark Baker Date: 10/16/2014 Time: 15:44 Witness: None Photo #: 13 Description: Concrete waste being dumped outside the approved area and spread throughout the South edge of the property and off the property Photographer: Clark Baker Date: 10/16/2014 Time: 15:45 Witness: None Photo #: 14 Description: What is suspected to be a property boundary marker with some concrete waste beyond it Inspection Report Page 12 of 15

13 Inspection Report: Browning Redi-Mix, AFIN: , Permit #: ARR Water Division Photographic Evidence Sheet Location: Browning Redi-Mix Photographer: Clark Baker Date: 10/16/2014 Time: 15:50 Witness: None Photo #: 15 Description: Concrete waste dumped outside of the approved area Photographer: Clark Baker Date: 10/16/2014 Time: 15:50 Witness: None Photo #: 16 Description: Concrete waste dumped outside of the approved area Inspection Report Page 13 of 15

14 Inspection Report: Browning Redi-Mix, AFIN: , Permit #: ARR Google Earth image of the area with the two ditches that border the property outlined in blue, the permitted coordinates of the two outfalls pinned: The property line according to actdatascout.co m, which the White County Assessor directed me to for parcel identification Truck Wash Area A Rough Estimate Of The Area Now Covered In Concrete Concrete Catch Basin Break In The Levee Of The Concrete Catch Inspection Report Page 14 of 15

15 Inspection Report: Browning Redi-Mix, AFIN: , Permit #: ARR The hand drawn sitemap provided in the SWPPP is inaccurate and missing important details: The SWPPP site map is inaccurate: The SWPPP site map with flow path arrows: Inspection Report Page 15 of 15

16 From: To: Cc: Subject: Date: Bolenbaugh, Jason McConnell, Melissa Baker, Clark FW: Browning Redi-Mix Inspection Permit no ARR Tuesday, January 27, :23:53 PM Melissa, Please attach this to Clark's inspection for Browning Redi-Mix. Thanks. From: Baker, Clark Sent: Tuesday, January 27, :32 PM To: Barbara Pakay Cc: Bolenbaugh, Jason Subject: RE: Browning Redi-Mix Inspection Permit no ARR Ms. Pakay, Your request for a deadline extension has been received and granted. Your new deadline to reply to the inspection report is February 10, If you have any further questions please feel free to contact me. Regards, Clark Baker ADEQ Water Division Inspector Office: (501) Fax: (501) (attn: Clark Baker) From: Barbara Pakay [mailto:barbarapakay@gmail.com] Sent: Tuesday, January 27, :56 PM To: Baker, Clark Subject: Browning Redi-Mix Inspection Permit no ARR Please give us more time to complete the steps that were in the letter you sent. Thanks -- Barbara Pakay Office Manager Browning Redi-Mix Concrete P.O. Box 5035 Cabot, AR Dispatch (501) Cell (501) barbarapakay@gmail.com<mailto:barbarapakay@gmail.com> "Quality Concrete is our 1st Priority"

17 CERTIFIED MAIL: March 10, 2015 Shaun Browning, Owner/operator Browning Redi-Mix P.O. Box 5035 Cabot, AR RE: Browning Redi-Mix: Failure to Respond to Inspection AFIN: NPDES Permit No.: ARR Dear Mr. Browning: ADEQ sent a letter to you dated January 9, 2015, outlining the findings of a October 16, 2014 inspection of the above referenced facility. The letter requested that a written response be submitted to the Water Division Inspection Branch of this Department by January 26, On January 27, 2015 you requested and received a deadline extension via to February 10, To date no response has been received. Please submit a written response by March 24, A copy of the inspection report has been included for your convenience. If no response is received this case will be referred to the Water Division Enforcement Branch for further review. Thank you for your attention to this matter. Should you have any questions, feel free to contact me at or you may me at bakerclark@adeq.state.ar.us. Sincerely, Clark Baker District 9 Field Inspector Water Division

18 From: To: Cc: Subject: Date: Baker, Clark Barbara Pakay McConnell, Melissa; Bolenbaugh, Jason RE: Browning Redi-Mix Inspection Permit no ARR Thursday, March 19, :22:05 PM Ms. Pakay, Thank you for confirming that you received my extending your deadline to February 10, When nothing was received by March 9, 2015 a certified letter was sent as a final request for a response to my inspection report with a new and final deadline of March 24, If nothing is received by that date then this case will be submitted to the Enforcement Branch. Regards, Clark Baker ADEQ Water Division Inspector Office: (501) Fax: (501) (attn: Clark Baker) From: Barbara Pakay [mailto:barbarapakay@gmail.com] Sent: Wednesday, March 18, :32 PM To: Baker, Clark Subject: Re: Browning Redi-Mix Inspection Permit no ARR On Tue, Jan 27, 2015 at 3:32 PM, Baker, Clark <BAKERCLARK@adeq.state.ar.us> wrote: Ms. Pakay, Your request for a deadline extension has been received and granted. Your new deadline to reply to the inspection report is February 10, If you have any further questions please feel free to contact me. Regards, Clark Baker ADEQ Water Division Inspector Office: (501) Fax: (501) (attn: Clark Baker) From: Barbara Pakay [mailto:barbarapakay@gmail.com]

19 Sent: Tuesday, January 27, :56 PM To: Baker, Clark Subject: Browning Redi-Mix Inspection Permit no ARR Please give us more time to complete the steps that were in the letter you sent. We are doing our best to resolve the issue, it has been raining a lot, and we are trying our best. Thanks again. Barbara Pakay Office Manager Browning Redi-Mix Concrete P.O. Box 5035 Cabot, AR Dispatch (501) Cell (501) barbarapakay@gmail.com "Quality Concrete is our 1st Priority"

20 Charles Browning Construction Inc dba Browning Redi-Mix March 24, 2015 ADEQ, Clark Baker District 9 Field Inspector, Water Division State of AR Department of Environmental Quality 5301 Northshore Drive North Little Rock, AR Re: Browning Redi-Mix Inspection AFIN: Permit No.: ARR Dear Mr. Baker: We have rented a Track hoe to address the issue in regards to the complaint instigated on October 16, The concrete catch basin has been dug out and is no longer filled with concrete waste. The levy is holding and no breakage in it exists. We are in the process of installing a silk fence to ensure that there s no drainage going into the ditch. We have corrected the problem and are no longer dumping concrete waste into the outflow No 1 Reference in Photo No. 5 and Photo No.6. The concrete waste that was spread out in Reference #7-12 was where we were elevating the property in order to build a pad for a new shop building. In addition, we are no longer dumping concrete waste in Reference Photo 15 and Photo 16. Shaun Browning has drawn another sitemap and I will be forwarding it to you also. Sincerely, Barbara Pakay Office Manager

21 From: To: Subject: Date: Attachments: Baker, Clark McConnell, Melissa FW: IMG_6034.jpg Shaun Browning Sitemap Wednesday, March 25, :05:47 AM IMG_6034.jpg WID Clark Baker ADEQ Water Division Inspector Office: (501) Fax: (501) (attn: Clark Baker) From: Barbara Pakay Sent: Tuesday, March 24, :00 PM To: Baker, Clark Subject: Fwd: IMG_6034.jpg Shaun Browning Sitemap Forwarded message From: Barbara Pakay Date: Tue, Mar 24, 2015 at 4:12 PM Subject: IMG_6034.jpg To: Sent from my iphone -- Barbara Pakay Office Manager Browning Redi-Mix Concrete P.O. Box 5035 Cabot, AR Dispatch (501) Cell (501)

22 "Quality Concrete is our 1st Priority"

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