1. There was no Notice of Coverage (NOC) posted at the construction site. This is a violation of Part II, Section A. 2. D of the general permit.

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1 September 21, 2010 Mr. Ivan Murphy 35 Downwind Ave Greenbrier, AR RE: Complaint Inspection AFIN: , NPDES Permit No.:ARR Dear Mr. Murphy: On September 9, 2010, I performed a complaint inspection of the above referenced property. The complaint alleged a construction site without sediment controls. 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. The disturbed area is between one and five acres and is automatically covered by the Department s General Storm water Permit- ARR This inspection revealed the following violations: 1. There was no Notice of Coverage (NOC) posted at the construction site. This is a violation of Part II, Section A. 2. D of the general permit. 2. A Storm Water Pollution Prevention Plan (SWPPP) was not on site. This is a violation of Part II, Section A. 2. A. of the general permit. In addition, no sediment controls had been implemented to control potential storm water run-off at the site. At the site, I observed that a pond had been constructed with the excavated material being spread in the field nearby. I did not see a Notice of Coverage (NOC) posted, no SWPPP was on-site, no sediment controls were in place. It did not appear that any sediment had gotten off-site nor into any waters of the State. You should comply with the requirements of the Department s general storm water construction permit (ARR150000). As discussed with Mr. Jim Hawks during the inspection, sediment controls can be of your own choosing as long as the controls adequately control sediment run-off. Considering the slope and the vegetated buffer areas surrounding the disturbed areas, mulching and seeding may be sufficient to prevent sediment from washing off-site or into waters of the State.

2 Ivan Murphy September 21, 2010 Page The above items require your immediate attention. Please submit a written response to these findings to Ms. Cindy Garner, Water Division Enforcement Branch Manager, at the address at the bottom of page 1 of this letter. Your response should contain detailed documentation, including photographs, describing the course of action taken to correct the items noted. This corrective action should be completed as soon as possible, and the written response is due by October 1, For additional information you may contact the Enforcement Branch by telephone at or by fax at You may contact Jamal Solaimanian, General Permits Section Supervisor, at for more information concerning the General Storm water Construction Permit, ARR If I can be any assistance, please contact me at harmont@adeq.state.ar.us or at ext.14. Sincerely, Travis Harmon District 5 Field Inspector Water Division cc: Water Division Enforcement Branch Water Division Permits Branch NPDES Report Page 2

3 ADEQ Water NPDES Inspection AFIN: Permit #:ARR 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 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) Ivan Murphy Property 35 Downwind Ave Greenbrier, AR Name(s) of On-Site Representative(s)/Title(s)/Phone and Fax Number(s) Jim Hawks/ Co-Owner/ Entry Time/Date /9/10 Exit Time/Date /9/10 Permit Effective Date 11/1/08 Permit Expiration Date 10/31/11 Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Ivan Murphy/ Owner/ Downwind Ave Greenbrier, AR Yes Contacted No U N Permit Records/Reports N N Section C: Areas Evaluated During Inspection (S = Satisfactory, M = Marginal, U = Unsatisfactory, N = Not Evaluated) Flow Measurement Self-Monitoring Program N N Operations & Maintenance Sludge Handling/Disposal N N Sampling Pollution Prevention N N N N Facility Site Review Compliance Schedules Pretreatment Multimedia N N M N Effluent/Receiving Waters Laboratory Storm Water Other: Section D: Summary of Findings/Comments (Attach additional sheets if necessary) At the site, I observed that a pond had been constructed with the excavated material being spread in the field nearby. I did not see a Notice of Coverage (NOC) posted, no SWPPP was on-site, no sediment controls were in place. It did not appear that any sediment had gotten off-site nor into any waters of the State. Name(s) and Signature(s) of Inspector(s) Agency/Office/Telephone/Fax Date Arkansas Department of Environmental Quality 9/17/10 Travis Harmon Russellvile Field Office Ph: x14, fax: Signature of Reviewer Agency/Office/Phone and Fax Numbers Date NPDES Report Page 3

4 ADEQ Water NPDES Inspection AFIN: Permit #:ARR SECTION I: SITE POSTING AND SITE INFORMATION SITE NAME: Unknown TOTAL ACREAGE: Unknown ACREAGE DISTRUBED: 1-2 acres LATITUDE N LONGITUDE W STARTING DATE: Unknown 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: N/A Development Permit No: N/A 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): No SWPP on-site. 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) 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: No storm water controls implemented. No SWPPP on site. 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) 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) NPDES Report Page 4

5 ADEQ Water NPDES Inspection AFIN: Permit #:ARR F. Inspections: No records on-site. 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: No SWPP on-site. 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: Potential to enter storm drains. 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 5

6 ADEQ Water NPDES Inspection AFIN: Permit #:ARR NPDES Compliance Inspection Report Further Explanation At the site, I observed that a pond had been constructed with the excavated material being spread in the field nearby. I did not see a Notice of Coverage (NOC) posted, no SWPPP was on-site, no sediment controls were in place. It did not appear that any sediment had gotten off-site nor into any waters of the State. Operator should comply with the requirements of the Department s general storm water construction permit (ARR150000). As discussed with Mr. Jim Hawks during the inspection, sediment controls can be of operator s choosing as long as the controls adequately control sediment run-off. Considering the slope and the vegetated buffer areas surrounding the disturbed areas, mulching and seeding may be sufficient to prevent sediment from washing off-site or into waters of the State. NPDES Report Page 6

7 ADEQ Water NPDES Inspection AFIN: Permit #:ARR Location: Photographer: Photo # Description: Travis Harmon Water Division NPDES Photographic Evidence Sheet Witness: 1 Of 2 Date: 9/9/10 Time: 1022 Excavated material from pond construction is applied for field leveling. Constructed pond is located behind raised road in right center of photo. Photographer: Travis Harmon Witness: Photo # 2 Of 2 Date: 9/9/10 Time: 1030 Description: Constructed pond. Raised road is visible behind constructed pond. NPDES Report Page 7

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16 October 15, 2010 Mr. Ivan Murphy 35 Downwind Avenue Greenbrier, AR RE: Permit No.: ARR Dear Mr. Murphy: The Department has received your response to the September 9, 2010 inspection of your facility by our District Field Inspector, Travis Harmon. 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