March 1, Jim Jez Jez Commercial Development Wandering Ridge Subdivision 2308 E. Kiehl Sherwood, AR RE: Compliance Inspection

Transcription

1 March 1, 2010 Jim Jez Jez Commercial Development Wandering Ridge Subdivision 2308 E. Kiehl Sherwood, AR RE: Compliance Inspection AFIN: , NPDES Permit No.: ARR Dear Mr. Jez: On February 26, 2010, Dennis Benson and I performed a routine compliance inspection of the above referenced facility. The inspection was conducted in accordance with the provisions of the Federal Clean Water Act, the Arkansas Water and Air Pollution Control Act, and the regulations promulgated thereunder. This inspection revealed the following violations: 1. The stormwater pollution prevention plan (SWPPP) is not being updated as required by Part II, A. 3 of the permit. Not all locations of discharge are indicated on the map. This is a Repeat Violation of the November 2008 and the June 2009 inspections. 2. The site map does not contain the locations of off-site materials, waste, borrow area, or equipment storage area as required by Part II, A.4.G.6 of the permit. Equipment storage was not indicated on the site map. This is a Repeat Violation of the November 2008 and the June 2009 inspections. 3. The site map does not contain all the locations where stormwater is discharged offsite as required by Part II, A.4.G.10 of the permit. There were many erosion gullies that were discharging Stormwater not indicated on the map. This is a Repeat Violation of the November 2008 and the June 2009 inspections. 4. Erosion control measures are not being properly installed, operated and maintained as required by Part II,B.17.A of the permit. Silt fences have not been properly trenched into the ground and are down in some areas. Some silt fencing had over 50% capacity exhausted. This is a Repeat Violation of the November 2008 and the June 2009 inspections.

2 Jim Jez, Jez Commercial Development March 1, 2010 Page Sedimentation basins and sediment traps are not properly installed and/or maintained as required by Part II, B.17.A of the permit. Part II, A.4.N of the permit requires the sediment behind these traps to be removed when 50% of the capacity has been utilized. Sedimentation basin was at 48% depth at last onsite inspection. This is a Repeat Violation of the November 2008 and the June 2009 inspections. 6. Sediment that has gotten off-site has not been removed as required by Part II, A.4.H.1.d of the permit. Sediment was observed in the unnamed tributary of the Bayou Meto. This is a Repeat Violation of the November 2008 and the June 2009 inspections. 7. The construction site entrance has not been sufficiently stabilized to prevent off-site tracking as required by Part II, A.4.I.2 of the permit. There was lots of sediment tracked offsite on the roadway. 8. Barren areas of the site have not been stabilized in a timely manner as required by Part II, A.4.H.2 of the permit. There is no evidence of stabilization efforts for the areas mentioned in the November 2008 and June 2009 inspections. This is a Repeat Violation. 9. Corrective actions are not being implemented within three (3) days of the inspection as required by Part II, A.4.N of the permit. There was no evidence of corrective actions being implemented. 10. Solid waste is not being controlled as required by Part II, A.4.H.1.f of the permit. There was lots of trash and old torn silt fencing on the site. This is a Repeat Violation of the November 2008 and the June 2009 inspections. 11. Velocity dissipation devices have not been installed at discharge points, within concentrated flow areas serving two or more acres, and along drainage courses where required to prevent erosive flows as required by Part II, A.4.H.3.b of the permit. This is a Repeat Violation of the November 2008 and the June 2009 inspections. 12. Silt and sediment has gotten off-site in violations of the Arkansas Water and Air Pollution Control Act (A.C.A (a)(2)). 13. Silt and sediment has been discharged to the waters of the state in violation of the Arkansas Water and Air Pollution Control Act (A.C.A (a)(2)). 14. The fuel tanks containment areas need to be pumped out and there are fuel spills outside of the containment areas that need to be cleaned up immediately. The water in the containment area has been contaminated with oil and should be disposed of properly. This is a violation of the Arkansas Water and Air Pollution Control Act (A.C.A (a)(2)). The Stormwater permit does not allow this NPDES Report Page 2

3 Jim Jez, Jez Commercial Development March 1, 2010 Page water to be discharged to the waters of the state. Please include how this water was disposed of in your response to the Department. 15. There was a sewage leak on the property. Sewage was running off into the storm drain which empties directly into the unnamed tributary of the Bayou Meto. This is a violation of the Arkansas Water and Air Pollution Control Act (A.C.A (a)(1)). INSPECTOR QUALIFICATIONS: The construction Stormwater permit in Part II.A.4.M requires the person doing the inspections of your site to be qualified. While it was noted that onsite inspections were being conducted as required by the permit, my inspection revealed several issues that should have been noted by your inspector. The nature of the issues observed make it obvious that either inspections are not being performed accurately or the inspector is not qualified to perform the task. Please submit with your response to this inspection any training or experience your onsite inspector has that qualifies them to inspect the construction site. Your response should also include any remedial actions you intend to take to insure that your inspector is fully qualified to perform this task. During this and previous inspection, several violations were noted even though reports indicated that inspections had been performed. The above items require your immediate attention. Please submit a written response to these findings to Cindy Garner, Water Division Enforcement Branch Manager. This response should be mailed to the address below. 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. pictures) is due by March 19, For additional information you may contact the Enforcement Branch by telephone at or by fax at If I can be any assistance, please contact me at keller@adeq.state.ar.us or Sincerely, Dawn Keller District 9 Field Inspector Water Division cc: Water Division Enforcement Branch Water Division Permits Branch NPDES Report Page 3

4 Form Approved OMB No UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Washington, D.C NPDES Compliance Inspection Report Section A: National Data System Coding Transaction Code NPDES Yr/Mo/Day Inspec. Type Inspector Fac. Type 1 N A R R W 19 S 20 2 Remarks A F I N P U L A S K I C O U N T Y Inspection Work Days Facility Evaluation Rating BI QA Reserved N 71 N 72 N Section B: Facility Data Name and Location of Facility Inspected (For industrial users discharging to POTW, also include POTW name and NPDES permit number) Jez Commercial Development- Wandering Ridge Subdivision- Wandering Ridge off of Hwy 107 in Gravel Ridge. Name(s) of On-Site Representative(s)/Title(s)/Phone and Fax Number(s) n/a Entry Time/Date 10:32 a.m. on 02/26/2010 Exit Time/Date 11:28 a.m. on 02/26/2010 Permit Effective Date 12/12/2009 Permit Expiration Date 12/31/2011 Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Jim Jez Jez Commercial Development 2308 E. Kiehl Sherwood, AR (501) Contacted Yes No Section C: Areas Evaluated During Inspection (S = Satisfactory, M = Marginal, U = Unsatisfactory, N = Not Evaluated) N Permit N Flow Measurement U Operations & Maintenance N Sampling N Records/Reports N Self-Monitoring Program N Sludge Handling/Disposal N Pollution Prevention U Facility Site Review N Compliance Schedules N Pretreatment N Multimedia N Effluent/Receiving Waters N Laboratory U Storm Water N Other: Section D: Summary of Findings/Comments (Attach additional sheets if necessary) See NPDES 7 & 8 for Findings/Comments. Name(s) and Signature(s) of Inspector(s) Dawn Keller / Agency/Office/Telephone/Fax Arkansas Department of Environmental Quality Date 02/26/2010 Signature of Reviewer Agency/Office/Phone and Fax Numbers Date NPDES Report Page 4

5 SECTION I: SITE POSTING AND SITE INFORMATION SITE NAME: Wandering Ridge Subdivision TOTAL ACREAGE 30.3 ACREAGE DISTRUBED 25 LATITUDE N LONGITUDE W STARTING DATE 04/21/08 A. Is site is posted with Notice Of Coverage (NOC) (Part II, A.2.D) B. Is posting at construction entrance and visible to the public (Part II, A.2.D) C. If project is linear, is posting at area actively under construction? (Part I,B.8.C) D. If project is part of larger common plan of development, what is development name and permit number Development Name: Development Permit No: SECTION II: STORM WATER POLLUTION PREVENTION PLAN EVALUATION AND IMPLEMENTATION A. Is the SWPPP being maintained on site from 08:00 am to 5:00 pm (Part II,A.2.A) B. Is the SWPPP properly signed as required by Part II, B.1B of the permit? C. Is the SWPPP being updated as required by Part II, A.3 of the permit? D. Site map in SWPPP (Part II,A.4.G) 1) Direction of stormwater flow (i.e., use arrows to show which direction stormwater will flow) and approximate slopes anticipated after major grading activities (Part II,A.4.G.1); 2) Delineate on the site map areas of soil disturbance and areas that will not be disturbed under the coverage of this permit (Part II,A.4.G.2) 3) Location of major structural and nonstructural controls identified in the plan (Part II,A.4.G.3) 4) Location of main construction entrance and exit (Part II,A.4.G.4) 5) Location where stabilization practices are expected to occur (Part II,A.4.G.5) 6) Locations of off-site materials, waste, borrow area, or equipment storage area (Part II,A.4.G.6) 7) Location of areas used for concrete wash-out (Part II,A.4.G.7) 8) Location of all surface water bodies (including wetlands) (Part II,A.4.G.8) 9) Locations where stormwater is discharged to a surface water and/or municipal separate storm sewer system if applicable (Part II,A.4.G.9) 10) Locations where stormwater is discharged off-site (should be continuously updated) (Part II,A.4.G.10) Not all identified. Conditions have resulted in new outfalls. 11) Areas where final stabilization has been accomplished and no further construction phase permit requirements apply(part II,A.4.G.11) E. Stormwater Controls 1) Are all controls installed as described in the SWPPP (Part II,A.4.H) 2) Silt fences properly installed and maintained (Part II,B.17.A) 3) Check dams and velocity dissipation devices properly installed and maintained (Part II,B.17.A) 4) Sedimentation basins and sediment traps properly installed and maintained (sediment removed when 50% capacity) (Part II,B.17.A) and (Part II,A.4.N) 48% depth. Needs to be cleaned out. 5) Has sediment that has gotten offsite been removed? (Part II,A.4.H.1.d) 6) Is construction site entrance sufficiently stabilized to prevent off site tracking? (Part II,A.4.I.2) 7) Are stabilization methods described in SWPPP being implemented in a timely manner? (Part II,A.4.H.2) Many erosion gullies have formed. NPDES Report Page 5

6 F. Inspections 1) Inspection Frequency in SWPPP Once every 7 days 14 days and after ½ inch rain event 1a) If inspection frequency is every 14 days, do they have a rain gauge on site? (Part II,A.4.M.1.b) 1b) Is rain gauge properly installed? (nothing obstructing rain gauge) (Part II,B.17.A) 2) Are inspection records being maintained on site? (Part II,A.4.M.3) 3) Are ADEQ inspection forms being used or do the forms contain the elements required by the permit? (Part II,A.4.M.2) 3a) Inspector Name and Title (Part II,A.4.M.2.a) 3b) Date of Inspection (Part II,A.4.M.2.b) 3c) Amount of Rainfall and Days Since Last Rain Event (only if inspection frequency is 14 days) (Part II,A.4.M.2.c) 3d) BMPs used on-site(part II,A.4.M.2.d) 3e) If the BMPs are in working order and if maintenance is required (when scheduled and completed) (Part II,A.4.M.2.e) 3f) Location and Dates When Major Construction Activities Begin, Occur or Cease (Part II,A.4.M.2.f) 3g) Report Signature of Inspector (Part II,A.4.M.2.g) 4) Are inspections conducted in accordance with the requirements of the SWPPP? (Part II,A.4.M) 5) Are corrective actions being implemented within 3 days? (Part II,A.4.N) G. Stormwater management 1) Is solid waste being controlled as described in SWPPP (Part II, A.4.H.1.f) 2) Are stabilized buffer zones being maintained? (25 feet from stream, 50 feet if 303 d, TMDL, ERW, ESW or NSW) (Part II, A.4.H.2.b) 3) Have velocity dissipation devices been installed at discharge points, within concentrated flow areas serving two or more acres and along drainage courses where required to prevent erosive flows (Part II, A.4.H.3.b) 4) Has silt or sediment gotten off the construction site? A.C.A (a)(2) 5) Has silt and sediment been discharged to the waters of the state? A.C.A (a)(2) If yes, give the name of the stream or water body:unnamed tributary of Bayou Meto 6) Is the washout of concrete being done at the designated location? (Part II,A.4.G.7) 7) Does the liquid waste from concrete washout reach the waters of the state? (Part II, A.4.I.5) 8) Are fuel storage areas protected as described by SWPPP? (Part II, A.4.I.6) 9) Have temporary erosion controls been removed from areas finally stabilized? (Part II, A.4.H) 10) Are there any allowable non-stormwater discharges that have not been addressed in the SWPPP (Part II, A.4.J) 11) Are there any process waters or non-stormwater discharges that are not allowed under the permit being discharged? A.C.A (b)(1)(E) E. Comments and Observations: NPDES Report Page 6

7 NPDES Compliance Inspection Report Further Explanation 1. The stormwater pollution prevention plan (SWPPP) is not being updated as required by Part II, A. 3 of the permit. Not all locations of discharge are indicated on the map. This is a Repeat Violation of the November 2008 and the June 2009 inspections. 2. The site map does not contain the locations of off-site materials, waste, borrow area, or equipment storage area as required by Part II, A.4.G.6 of the permit. Equipment storage was not indicated on the site map. This is a Repeat Violation of the November 2008 and the June 2009 inspections. 3. The site map does not contain all the locations where stormwater is discharged offsite as required by Part II, A.4.G.10 of the permit. There were many erosion gullies that were discharging Stormwater not indicated on the map. This is a Repeat Violation of the November 2008 and the June 2009 inspections. 4. Erosion control measures are not being properly installed, operated and maintained as required by Part II,B.17.A of the permit. Silt fences have not been properly trenched into the ground and are down in some areas. Some silt fencing had over 50% capacity exhausted. This is a Repeat Violation of the November 2008 and the June 2009 inspections. 5. Sedimentation basins and sediment traps are not properly installed and/or maintained as required by Part II, B.17.A of the permit. Part II, A.4.N of the permit requires the sediment behind these traps to be removed when 50% of the capacity has been utilized. This is a Repeat Violation of the November 2008 and the June 2009 inspections. 6. Sediment that has gotten off-site has not been removed as required by Part II, A.4.H.1.d of the permit. Sediment was observed in the unnamed tributary of the Bayou Meto. This is a Repeat Violation of the November 2008 and the June 2009 inspections. 7. The construction site entrance has not been sufficiently stabilized to prevent off-site tracking as required by Part II, A.4.I.2 of the permit. There was lots of sediment tracked offsite on the roadway. 8. Barren areas of the site have not been stabilized in a timely manner as required by Part II, A.4.H.2 of the permit. There is no evidence of stabilization efforts for the areas mentioned in the November 2008 and June 2009 inspections. This is a Repeat Violation. 9. Corrective actions are not being implemented within three (3) days of the inspection as required by Part II, A.4.N of the permit. There was no evidence of corrective actions being implemented. NPDES Report Page 7

8 10. Solid waste is not being controlled as required by Part II, A.4.H.1.f of the permit. There was lots of trash and old torn silt fencing on the site. This is a Repeat Violation of the November 2008 and the June 2009 inspections. 11. Velocity dissipation devices have not been installed at discharge points, within concentrated flow areas serving two or more acres, and along drainage courses where required to prevent erosive flows as required by Part II, A.4.H.3.b of the permit. This is a Repeat Violation of the November 2008 and the June 2009 inspections. 12. Silt and sediment has gotten off-site in violations of the Arkansas Water and Air Pollution Control Act (A.C.A (a)(2)). 13. Silt and sediment has been discharged to the waters of the state in violation of the Arkansas Water and Air Pollution Control Act (A.C.A (a)(2)). 14. The fuel tanks containment areas need to be pumped out and there are fuel spills outside of the containment areas that need to be cleaned up immediately. The water in the containment area has been contaminated with oil and should be disposed of properly. This is a violation of the Arkansas Water and Air Pollution Control Act (A.C.A (a)(2)).The Stormwater permit does not allow this water to be discharged to the waters of the state. Please include how this water was disposed of in your response to the Department. 15. There was a sewage leak on the property. Sewage was running off into the storm drain which empties directly into the unnamed tributary of the Bayou Meto. This is a violation of the Arkansas Water and Air Pollution Control Act (A.C.A (a)(1)). NPDES Report Page 8

9 Water Division NPDES Photographic Evidence Sheet Location: Wandering Ridge Subdivision Photo # 1 Of 14 Date: 02/26/2010 Time: 10:42 a.m. Description: Unprotected drop inlet with sediment running into it. Photo # 2 Of 14 Date: 02/26/2010 Time: 10:42 a.m. Description: Sediment is being tracked offsite. NPDES Report Page 9

10 Water Division NPDES Photographic Evidence Sheet Location: Wandering Ridge Subdivision Photo # 3 Of 14 Date: 02/26/2010 Time: 10:48 a.m. Description: Old silt fence that has become solid waste. Photo # 4 Of 14 Date: 02/26/2010 Time: 10:49 a.m. Description: Silt fence is buried and in the wrong place. This area needs a rock check damn. NPDES Report Page 10

11 Water Division NPDES Photographic Evidence Sheet Location: Wandering Ridge Subdivision Photo # 5 Of 14 Date: 02/26/2010 Time: 10:49 a.m. Description: Silt fences are not trenched. This is a problem all over the site. Photo # 6 Of 14 Date: 02/26/2010 Time: 10:49 a.m. Oil and fuel has leaked in the containment area. Water needs to be pumped out and disposed of Description: properly. NPDES Report Page 11

12 Water Division NPDES Photographic Evidence Sheet Location: Wandering Ridge Subdivision Photo # 7 Of 14 Date: 02/26/2010 Time: 10:49 a.m. Description: Fuel containment areas need to be pumped out and water disposed of properly. Photo # 8 Of 14 Date: 02/26/2010 Time: 10:50 a.m. Description: Fuel spilled outside of fuel containment area. Needs to be cleaned up. NPDES Report Page 12

13 Location: Water Division NPDES Photographic Evidence Sheet Wandering Ridge Subdivision Photo # 9 Of 14 Date: 02/26/2010 Time: 10:57 a.m. Description: Silt and sediment building up under the storm drain. Velocity dissipation devices need to be installed correctly and the silt and sediment needs to be removed from this area. Photo # 10 Of 14 Date: 02/26/2010 Time: 11:05 a.m. Description: Sediment building up and covering over 50% of the silt fence due to outfalls created by erosion. NPDES Report Page 13

14 Water Division NPDES Photographic Evidence Sheet Location: Wandering Ridge Subdivision Photo # 11 Of 14 Date: 02/26/2010 Time: 11:05 a.m. Description: Erosion gully forming a Stormwater outfall. The area is not stabilized. Photo # 12 Of 14 Date: 02/26/2010 Time: 11:16 a.m. Description: Sewage leak onsite. NPDES Report Page 14

15 Water Division NPDES Photographic Evidence Sheet Location: Wandering Ridge Subdivision Photo # 13 Of 14 Date: 02/26/2010 Time: 11:26 a.m. Description: Offsite tracking. Photo # 14 Of 14 Date: 02/26/2010 Time: 11:28 a.m. Description: Solid waste onsite needs to be cleaned up. Also, note the oily staining of soil that needs to be removed and disposed of properly. NPDES Report Page 15

16 June 24, 2010 Jim Jez Jez Commercial Development Wandering Ridge Subdivision 2308 E. Kiehl Ave Sherwood, AR RE: Permit No.: ARR152840, AFIN: Dear Mr. Jez: The Department has received your response to the February 26, 2010 inspection of the above referenced facility by our District Field Inspectors, Dawn Keller and Dennis Benson. Your letter appears to adequately address the discrepancies identified during the visit. The Department assumes the corrective actions taken will be maintained to ensure consistent compliance with the requirements of the permit. Acceptance of this response by the Department does not preclude any future enforcement action deemed necessary at this site or any other site. The Department will keep the inspection and response on file. If future violations occur that require enforcement action, the Department will consider the inspection and response as required by the Pollution Control and Ecology Commission Regulation No. 7, Civil Penalties. This regulation requires the Department to consider the past history of your site and how expeditiously the violations were addressed in determining any civil penalty that may be necessary for any future violations. If we need further information concerning this matter, we will contact you. Thank you for your attention to this matter. Should you have any questions, feel free to contact me at or you may me at Sincerely, Amy Schluterman Enforcement Analyst Water Division Enforcement Branch