Document 2Rx58q0BRopzGvBx0K14xEExR

EPA REGION 5 Enforcement and Compliance Assurance Division INSPECTION REPORT Inspection Entry Date/Time Inspection Exit Date/Time Weather Media Statute(s)/Program(s) Type of Inspection April 10, 2025, 11:40 a.m. (EST) Announced: No April 10, 2025, 04:08 p.m. (EST) Access: Granted Cloudy Water Clean Water Act, National Pollutant Discharge Elimination System (NPDES) permit program Industrial Stormwater Inspection (ISI) Permittee Name Facility or Site Name Facility/Site Physical Address City, State, Zip Code County/Borough/Parish Facility GPS Coordinates Mailing Address (If different) Kuhlman Corporation Kuhlman Corporation Yard #1 444 Kuhlman Yard One Toledo, Ohio 43609 Lucas JIsabell@kuhlman-corp.com FRS ID Permit Number(s) (If Applicable) OHU000056 SIC and/or NAICS 2041 Lead Inspector: William Jones WILLIAM JONES Date: 2025.05.27 14:05:37 -05'00' Digitally signed by WILLIAM JONES EPA REGION 5 Jones.William@epa.gov (312) 886-6058 Supervisor Review: Molly Smith MOLLY SMITH EPA REGION 5 Digitally signed by MOLLY SMITH Date: 2025.05.27 13:27:05 -05'00' Smith.Molly@epa.gov SECTION I - INTRODUCTION Site Entry and Inspection Objectives EPA Region 5 Lead Inspector, William Jones, arrived at Kuhlman Corporation Yard one (the "Site" or "Facility"), located at the address listed above which is located close to the Maumee River in Toledo, Ohio at 11:40 a.m. EST on April 10, 2025, for an unannounced inspection. EPA Region 5 Lead Inspector presented credentials to Joe Isabell and informed him that this was an EPA Region 5 inspection to investigate compliance with their industrial storm water permit. This is authorized by Clean Water Act (CWA) Section 308 and implementing regulations. This report is based on information supplied by Kuhlman Corporation\Gerken Materials Inc. representatives, 1 of 20 Kuhlman Yard #1 - Toledo Inspection Date: 4-10-2025 direct observations made by EPA Region 5 inspectors, records and reports maintained by the permittee and other information including: photographs taken by EPA Region 5 inspectors, verbal or written statements made by information supplied by Kuhlman Corporation\Gerken Materials Inc. representatives during or subsequent to the on-site Inspection, and materials, processes, data, photographs, or documents shown, demonstrated, or submitted to the EPA Region 5 inspectors by Kuhlman Corporation\Gerken Materials, Inc. representatives during or subsequent to the on-site Inspection. In addition, information gathered prior to or after the Inspection from a review of US Environmental Protection Agency (EPA), state, and/or public records may be included in this report. Attendees Organization Attendee Name EPA Region 5 EPA Region 5 Kuhlman Corporation William Jones Jeremy Leggett Joe Isabell Gerken Materials Inc. David Benecke Facility/Site Description Title Lead Inspector Physical Scientist Director of Concrete Operations Environmental Manager Present in Opening Conf. Yes Yes Yes Yes Present in Closing Conf. Yes Yes Yes Yes EPA Region 5 lead inspector confirmed the following facility information: Kuhlman Corporation is a wholly owned subsidiary of Gerken Companies and was acquired in 2021. Kuhlman Corporation Yard #1 (Kuhlman) is a ready-mix plant that produces ready mix concrete for residential, highway and commercial use. They have approximately 15 trucks, bulk piles of sand and aggregates at the facility. Midwest Terminals, which is not part of Gerken Companies, owns the area along the Maumee River, the Bulk Storage Barn and another building south-east of the Kuhlman maintenance garage. Joe Isabell stated that Midwest terminals owns the outfalls. Mr. Isabell stated that the aggregate piles are natural sand from Michigan and that all the materials, except cement powder, is transported in by truck. The facility uses the aggregate to produce ready mix concrete for commercial, residential, and highway use. David Benecke applied for coverage under General Permit OHR000007 for Kuhlman Corporation Yard #1 on September 1, 2022. On November 30, 2022, the Ohio Environmental Protection Agency approved coverage for Kuhlman Yard #1, effective December 1, 2022, and expiring May 31, 2027. Facility/Site Information Location(s) Location/Area/Sub-area Storage bunkers Area on east side of storage piles Truck wash station Ramp to scale Manhole near facility entrance Lab area Description Area where storm sewer inlet is receiving runoff by storage bunkers Area where storage piles are on east side of site Manhole by truck wash station Manhole by ramp to scale Manhole with wood debris on top of manhole Lab area with manhole and sandbags 2 of 20 Kuhlman Yard #1 - Toledo Inspection Date: 4-10-2025 SECTION II - OBSERVATIONS Location: Office document review Observation #: WJ1-OB-001 Date: April 10, 2025 Weather: Cloudy with recent rain EPA obtained a copy of the Storm Water Pollution Plan (SWPPP) on site. It was dated March 2021. See Appendix 3. In the SWPP provided to EPA, a drawing of the facility was included and highlighted with green marker to show approximate property locations and illustrates how the Kuhlman property is located between the Midwest Terminal property and the Anderson property. Mr. Isabell's says the facility maintenance staff does the visual inspections monthly on the inlet filters. Mr. Isabel also stated the facility is swept weekly on Tuesdays and Thursdays. Location: Storage bunkers Observation #: WJ1-OB-002 Date: April 10, 2025 Weather: Cloudy with recent rain During the inspection, EPA observed runoff from storage bunkers. The runoff was flowing to the storm drain inlet in the photograph. Photos 1 to 3 Location: Area on east side of storage piles Observation #: WJ1-OB-003 Date: April 10, 2025 Weather: Cloudy with recent rain During the inspection, EPA observed an area to the east of the storage piles where storm water can flow through a conveyance to the edge of the property leading to the Maumee River. Photo 4 Location: Truck washout station Observation #: WJ1-OB-004 Date: April 10, 2025 Weather: Cloudy with recent rain During the inspection, EPA observed a manhole. Near the manhole was ponded water that was grayish in color. This was also present on top of the storm water manhole lid. Photo 5 Location: Ramp to Scale Observation #: WJ1-OB-005 Date: April 10, 2025 Weather: Cloudy with recent rain EPA observed a manhole near the scale with a control device that was full of sediment. 3 of 20 Kuhlman Yard #1 - Toledo Inspection Date: Photos 6 to 7 4-10-2025 Location: Manhole near facility entrance Observation #: WJ1-OB-006 Date: April 10, 2025 Weather: Cloudy with recent rain EPA observed a manhole near the facility entrance that had scrap bits of wood material on top of it. Photo 8 Location: Lab area Observation #: WJ1-OB-007 Date: April 10, 2025 Weather: Cloudy with recent rain EPA observed a manhole near the facility's lab that was partially surrounded by sandbags. Loose material was seen on the downslope edges of the sandbags and one of the sandbags had ripped open. Mr. Benecke noted that the staff tests new concrete mixes inside the lab and wash it out upslope of the bags and then it drains to the storm sewer. Photos 9 to 11 SECTION III - RECORDS REVIEW Records may not be in sequential order Record: Storm Water Pollution Prevention Plan Ref #: WJ1-RR-001 Reviewed By: William Jones AOC: Yes Reviewed Date: April 10, 2025 The SWPPP was dated from before the issuance of the current permit cycle. Facility staff said that they were in the middle of updating it. One issue the facility stated was where they facility should sample, since the facility does not own the outfalls. Mr. Benecke also said that there is historic contamination under the property. so the facility cannot dig down more than two feet unless they store and test the soil and water to see how to dispose of it. It is a risk mitigation plan. The facility spoke with Lashana Weeks, City of Toledo, in the past and said she is checking on the sampling locations. EPA reviewed the sampling reports since April 2020. David Benecke said the last time they had access to the outfalls was in 2022 or early 2023. The City of Toledo inspected the site about a year ago. The following sections of the SWPPP were not reflective of current conditions: 1. References through the SWPPP appear to be from the 2017 NPDES Permit. - Section 1.6 described the site as receiving rock salt, oats, canola pellets, cotton seed, distillers' grain, urea, potash and other fertilizers, and alumnium briquettes. This did not match with what facility staff stated about the site during the inspection, nor what was observed during the inspection. - Section 1.8 contained an inaccurate map, due to the site sale. - Section 2.0 describes a salt pile that was not observed during the inspection or noted on the site maps. - Section 2.2 and 2.4 lists areas no longer owned by Kuhlman. Other sections in the permit following this appear to be based on the 2017 permit. - Most of the appendices are missing content. The maps are not up to date. 4 of 20 Kuhlman Yard #1 - Toledo Inspection Date: 4-10-2025 SECTION IV - SAMPLING ACTIVITIES AND ANALYTICAL RESULTS No sampling was conducted. SECTION V - AREAS OF CONCERN See below for areas of concern related to the current industrial storm water General Permit OHR000007: Part 2.1.2.1 requires "You shall minimize exposure of manufacturing processing, and material storage areas (including loading and unloading, storage, disposal, cleaning, maintenance and fueling operations) to rain, snow snowmelt, and runoff by either relocating these industrial materials and activities inside or protecting them with storm resistant coverings (although significant enlargement of impervious surface area is not recommended)..." There are material storage areas where the exposure of materials is not minimized. See photographs. Section 2.1.2.3 of the permit requires Maintenance. "You shall maintain all control measures that are used to achieve the control measures/best management practices (BMPs) and numeric effluent limits required by this permit in effective operating condition. Nonstructural control measures shall also be diligently maintained (e.g., spill response supplies available, personnel appropriately trained). If you find that your control measures need to be replaced or repaired, you shall make the necessary repairs or modifications as expeditiously as practicable." EPA noted inlet filters were not cleaned, nor was housekeeping maintained. Section 2.1.2.10 "You shall eliminate non-stormwater discharges not authorized by an NPDES permit" Pursuant to Section 1.1.3 of the General Permit, non-stormwater discharges, do not include releases of test concrete from the facility lab near the sandbagged storm drain inlet. Part 5. "If you prepared a SWPPP for coverage under a previous NPDES permit, you shall review and update the SWPPP to implement all provision of this permit within 180 days after the effective date of this permit." The permit was effective December 1, 2022. SWPPP is dated March 2021. There is an outfall by the stockpile yard with raw materials that does not appear to be included. Part 6.1.1 of OHR000007 requires "Applicable monitoring requirements apply to each outfall...For monitoring purposes, an outfall can include a discrete conveyance (i.e. pipe, ditch, channel, tunnel or conduit) or a location where sheet flow leaves your facility's property..." Sampling is not being done at the outfalls. The facility is unclear where sampling should be done, since the dock area belongs to Midwest Terminal. The General Permit defines what an outfall can include and describes conducting representative monitoring. See above observations in section II and III related to the Areas of Concern. 5 of 20 Kuhlman Yard #1 - Toledo Inspection Date: 4-10-2025 SECTION VI - CLOSING CONFERENCE AND FOLLOW UP Closing Conference The EPA REGION 5 Lead Inspector held a closing conference with Facility personnel on April 10, 2025, for the inspection. During the closing conference, EPA REGION 5 Lead Inspector discussed the observations and Areas of Concern identified during the inspection. Observations and Areas of Concern have not yet been evaluated for a formal compliance determination. William Jones, along with Jeremy Leggett, Joe Isabell, and David Benecke, were present for the closing conference. Mr. Jones shared that the observations and Areas of Concern were preliminary. Mr. Jones confirmed that no information gathered was considered Confidential Business Information. During the closing conference, David Benecke stated the facility has an issue with dust blowing from Midwest Terminal. Mr. Jones then relayed the following preliminary observations to the facility representatives: SWPPP and map are out of date; Sampling is not being done at the outfalls; Inlet filters were not being maintained; Outfall, by the stockpile yard, with raw materials; Housekeeping concerns with grain along the dock area; Discharge points that are not included in the SWPPP; Storm drain with ripped sandbags, and close proximity to where the lab dumps out test concrete; and Housekeeping issues with dust throughout the facility. Follow Up No information was requested by the inspector after the inspection. SECTION VII - LIST OF APPENDICES 1. Photo Log 2. Document Log 3. Two drawings of Kuhlman Yard 1: a. Aerial Photograph b. Hand Drawing 6 of 20 Kuhlman Yard #1 - Toledo Inspection Date: APPENDIX 1: PHOTO LOG 4-10-2025 7 of 20 Kuhlman Yard #1 - Toledo Inspection Date: 4-10-2025 Photograph 1. Runoff from the direction of the piles into the storm drain inlet at Kuhlman Corporation yard #1. Uncovered storage piles can be seen at the top of the photograph April 10, 2025/1:06 p.m. No PII Kuhlman Yard one Southeasterly IMGP0001.JPG Photographer: William Jones 8 of 20 Kuhlman Yard #1 - Toledo Inspection Date: 4-10-2025 Photograph 2. Closeup view of manhole shown in photograph 1. Inlet protection can be seen inside the manhole. The inlet protection is full to the top of the container with sediment. April 10, 2025/1:07 p.m. No PII Kuhlman yard one IMGP0002.JPG Photographer: William Jones Camera Direction: down 9 of 20 Kuhlman Yard #1 - Toledo Inspection Date: 4-10-2025 Photo 3. Closeup view of manhole shown in photographs 1 IMGP0003.JPG and 2. Inlet protection can be seen inside the manhole. The inlet protection is full to the top with sediment. April 10, 2025/1:07 p.m. No PII Photographer: William Jones Kuhlman Yard One Camera Direction: Down 10 of 20 Kuhlman Yard #1 - Toledo Inspection Date: 4-10-2025 Photograph 4. Area on east portion of site by uncovered IMGP0004.JPG storage piles showing the direction water flows when it runs off towards the Maumee River. This is near where the stacker ring is show on the attached drawing. April 10, 2025/1:14 p.m. No PII Photographer: William Jones Kuhlman Corporation Yard #1 Camera Direction: East flow channel passing between the trees to Maumee River 11 of 20 Kuhlman Yard #1 - Toledo Inspection Date: 4-10-2025 Photo 5. Manhole by truck washout station April 10, 2025/1:27 p.m. Kuhlman Corporation yard #1 View looking Easterly No PII IMGP0005.JPG Photographer: William Jones 12 of 20 Kuhlman Yard #1 - Toledo Inspection Date: 4-10-2025 Photograph 6. Manhole on site near ramp to scale. Sediment can be seen along side the ramp wall near the top of the photograph. April 10, 2025/1:35 p.m. No PII IMGP0006.JPG Photographer: William Jones Kuhlman Corporatoin Yard #1 13 of 20 Kuhlman Yard #1 - Toledo Inspection Date: 4-10-2025 Photograph 7. Close up of manhole on site near ramp to scale. This is also show in photo 6. Inlet protection appears to be full of sediment to the top of the container. IMGP0007.JPG April 10, 2025/1:35 p.m. Kuhlman Corporation Yard #1 View looking down No PII Photographer: William Jones 14 of 20 Kuhlman Yard #1 - Toledo Inspection Date: 4-10-2025 Photograph 8. Inlet near entrance to facility. Wood debris have accumulated on top of the inlet. April 10, 2025/1:38 p.m. No PII Kuhlman Corporation Yard #1 View looking down IMGP0008.JPG Photographer: William Jones 15 of 20 Kuhlman Yard #1 - Toledo Inspection Date: 4-10-2025 Photograph 9. Manhole with laboratory concrete washout area above it and sand bags between it. Concrete is dumped between the sandbags and the building after the lab tests it. Staining can been seen on the ground between the sand bags and the inlet. This area is also shown in photographs 10 and 11. April 10, 2025/1:47 p.m. No PII Kuhlman Corporation Yard #1 View looking Northeasterly. IMGP009.JPG Photographer: William Jones 16 of 20 Kuhlman Yard #1 - Toledo Inspection Date: 4-10-2025 Photograph 10. Laboratory concrete washout area between IMGP0010.JPG the building and sandbags. Concrete is dumped between the sandbags and the building after the lab tests it. This is also shown in photograph 9 and 11. April 10, 2025/1:48 p.m. No PII Photographer: William Jones Kuhlman Corporation Yard #1 Easterly 17 of 20 Kuhlman Yard #1 - Toledo Inspection Date: 4-10-2025 Photograph 11. Laboratory concrete washout area between the building and sandbags. Concrete is dumped between the sandbags and the building after the lab tests it. Staining can be seen on the ground between the sandbags and the storm drain inlet. This is also shown in photograph 9 and 10. April 10, 2025/1:48 p.m. No PII Kuhlman Corporation Yard #1 IMGP0011.JPG Photographer: William Jones View looking easterly 18 of 20 Kuhlman Yard #1 - Toledo Inspection Date: APPENDIX 2: DOCUMENT LOG 4-10-2025 Document Type Report Aerial photo/drawing Drawing Document Name Contains Contains Date Received CBI PII SWPPP No No 4-10-25 Kuhlman Yard 1 storm No No 4-10-25 sewers with image Kuhlman Yard 1 marked No No 4-10-25 with approximate property lines 19 of 20 Kuhlman Yard #1 - Toledo Inspection Date: 4-10-2025 APPENDIX 3: SWPPP, Storm sewer drawing and storm sewer drawing with aerial photograph 20 of 20