Document 3K01OML3MKqEbNYxe5eLe7xD

U.S. EPA Headquarters Enforcement Division 1200 Pennsylvania Avenue NW, Washington, DC 20004 UNPERMITTED INDUSTRIAL FACILITY STORMWATER INSPECTION CHECKLIST Inspection Date Time Weather Conditions Media/Program Operator Name: Facility or Site Name: Permit ID or Tracking #: SIC Code: Facility Address: (city, state, zip code) Geographic Coordinates: Mailing address: (city, state, zip code) County: Regular Days/Hours of Operation: # of Employees at location: Size of Facility (in acres): Receiving Water(s): Date facility est. @ location: May 14, 2024 Entry: 11:40 AM Exit: 3:15 PM 80's F and sunny Water - CWA 301, 402 - Industrial SW/NEC Safe Harbor Marinas Safe Harbor Pier 121 N/A; No permit at the time of the inspection 4493 - Marinas 1481 E Hill Park Rd Lewisville, TX 75056 33.071915, -96.918538 1481 E Hill Park Rd Lewisville, TX 75056 Denton County 9:00 AM - 5:00 PM (Tuesday - Saturday); Closed (Monday - Sunday) 38 Approximately 178 acres in total size with over 100 acres of outdoor activity Lewisville Lake 2015 Onsite Representatives: Name: Roy Henslee Title: Environmental Health and Security Manager Phone: (214) 364-8852 Email: rhenslee@shmarinas.com Authorized Official: Contacted? x Yes No Name: Justin Mayes Title: Service Manager Email: jmayes@shmarinas.com Phone: (972) 625-2233 Ext. 3559 Additional Personnel Participating in Inspection: Name: N/A Title: N/A Inspector(s): Taylor Fontaine Mariah Papac Ivy Koberlein Sharron Crayton Inspection Report Author: Name: Taylor Fontaine Title: Lead Inspector Inspector Inspector Inspector Signature: Company: Eastern Research Group, Inc. Eastern Research Group, Inc. Environmental Protection Agency, Headquarters Environmental Protection Agency, Region 6 Date: June 20, 2024 Supervisor Review: Name: Ruben Alayon-Gonzalez Signature: Digitally signed by RUBEN ALAYON- RUBEN ALAYON-GONZALEZ GONZALEZ Date: 2024.06.28 14:11:03 -05'00' Date: June 28, 2024 Page 1 of 6 Safe Harbor Pier 121 - Stormwater Inspection 5/14/2024 All photos taken by Taylor Fontaine, ERG SECTION I - INTRODUCTION Purpose of the Inspection The purpose of the inspection was to determine compliance with the industrial stormwater requirements under 301 and 402(p) of the Clean Water Act (CWA) and its implementing regulations found at 40 Code of Federal Regulations (CFR) Part 122.26. The inspection was unannounced and consisted of interviewing facility representatives, recording field observations, and taking photographs to document site conditions throughout the facility at the time of the inspection. Opening Conference 1) Brief narrative documenting those present, introductions, presentation of credentials, and explanation of the purpose of the inspection. On May 14, 2024, a U.S. Environmental Protection Agency (EPA) contractor, Eastern Research Group, Inc. (ERG), conducted an industrial stormwater non-filer inspection at Safe Harbor Pier 121 located in Lewisville, Texas (Facility). Ivy Koberlein of EPA Headquarters, Sharron Crayton of EPA Region 6, and Taylor Fontaine and Mariah Papac of ERG (collectively, EPA Inspection Team) met with the Facility representatives, Roy Henslee and Justin Mayes. The EPA Inspection Team presented their credentials and explained that it was EPA's understanding that the Facility did not have an industrial stormwater permit. The EPA Inspection Team explained they were onsite to conduct a Clean Water Act stormwater inspection, which includes observing the current operations of the Facility and assessing the potential for stormwater discharges from the Facility. The weather at the time of the inspection was sunny and approximately 83F. According to precipitation data from the National Oceanic and Atmospheric Administration (NOAA)1, the Dallas, Texas area received 0.72 inches of rain the day prior to the inspection and 0.01 inches of rain the day of the inspection. At the time of the inspection, according to the Facility representative, the water levels in the lake were above average due to the recent precipitation. 2) Credentials presented to: Roy Henslee and Justin Mayes 3) Facility acknowledged receiving previous outreach materials or correspondence on Permit requirements? Yes x No Describe: N/A 4) Facility has been individually notified by permit authority or EPA that it is subject to stormwater requirements? Yes x No Describe: N/A 1Source: NOAA National Climatic Data Center (http://www.ncdc.noaa.gov/). Page 2 of 7 Safe Harbor Pier 121 - Stormwater Inspection 5/14/2024 All photos taken by Taylor Fontaine, ERG FACILITY'S OPERATION & PRODUCT DESCRIPTION Safe Harbor Pier 121 is a 178-acre full-service marina with over 1,000 wet slips. The Facility offers on-water fueling (gasoline and diesel) via service docks, boat repair, boat storage, and boat washing services. The Facility representatives stated that outdoor industrial activities include boat fueling, boat washing, boat storage, and dock repair/maintenance. The Facility representatives stated that boat painting and boat maintenance, other than contained activities such as oil changes, only occur inside the boat maintenance shop located on land. The EPA Inspection Team did not observe areas where boat painting and repair had been conducted outside and exposed to stormwater. The Facility also includes a public park with parking and covered picnic tables which are owned and operated by the Facility. Facility layout: Southern portion: This area includes a covered and uncovered boat storage area, sales office, and boat maintenance shop. Central portion: This area includes public parking, the double-walled aboveground storage tank (AST) that contains 10,000 gallons of diesel and 10,000 gallons of gasoline, and the Facility's dock maintenance shop. Eastern portion: This area includes public parking and boat launch areas. Western portion: This area primarily includes Facility docking. Northern portion: This area comprises solely Facility docking and the boat fueling stations. Other industrial facilities owned/operated by same business entity? x Yes o No Describe: Safe Harbor Marinas owns and operates marinas throughout the United States, including three (3) in Texas. SECTION II - OBSERVATIONS Pollutant Sources Loading/Unloading Operations SITE EVALUATION Note location, quantity/size, design issues, any operation and maintenance (O&M) deficiencies (including the nature and extent), potential pollutants, and evidence of exposure to stormwater. Are Best Management Practices (BMPs) in place to minimize or eliminate stormwater discharges from industrial activities? The Facility uses trailers to move boats into and out of the lake for storage and repair work. The Facility conducts boat repairs solely inside a large warehouse in the southern portion of the Facility [refer to Appendix B, Photograph Log, (Photograph 44)]. Industrial Manufacturing/ Processing Operations The Facility performs on-water dock maintenance and has laydown yards to store materials [refer to Appendix B, Photograph Log, (Photographs 9, 10, 11, 26, 27, and 30)]. The marina was conducting both dock repair and demolition work at the time of the inspection [refer to Appendix B, Photograph Log, (Photographs 4, 5, 40 and Page 3 of 7 Safe Harbor Pier 121 - Stormwater Inspection 5/14/2024 All photos taken by Taylor Fontaine, ERG Industrial Machinery & Equipment Storage Storage of Industrial Materials or Products Liquid Storage (e.g., Tanks, Liquid Storage Drums) Waste Storage/Disposal Areas (solid and/or hazardous) Waste Treatment Facilities (e.g., Pretreatment Systems) Fueling Stations/Equipment Maintenance Areas & Cleaning Areas Sediment & Erosion Controls 41)]. The Facility uses trailers for moving the boats. The EPA Inspection Team observed dock repair equipment throughout the Facility. The Facility stores boats on the lake and on land. Boat and dock repair materials are stored at respective laydown yards [refer to Appendix B, Photograph Log, (Photographs 9, 10, 11, 26, 27, and 30)]. The Facility has a double-walled AST that contains 10,000 gallons of diesel and 10,000 gallons of gasoline [refer to Appendix B, Photograph Log, (Photograph 16)]. This tank, via underground piping up to the docks, supplies fuel for the on-water fueling stations. The piping runs under the docks to the fueling station. The EPA Inspection Team observed dumpsters and a trash can used for waste storage without lids [refer to Appendix B, Photograph Log, (Photographs 13, 14, 15, 21, 28, 29, and 33)]. The Facility also stored a used waste grease container from an onsite restaurant uncovered [refer to Appendix B, Photograph Log, (Photograph 32)]. None observed or reported at the Facility. The EPA Inspection Team observed on-water fueling stations (e.g., dispensers connected to under dock pipelines) used to fuel boats [refer to Appendix B, Photograph Log, (Photographs 20 and 22)]. These stations provide both diesel and gasoline. Additionally, the EPA Inspection Team observed the dock maintenance shop and boat maintenance shop [refer to Appendix B, (Photographs 35, 36, 37, and 44)]. The EPA Inspection Team observed small quantities of lubricants and engine oils stored/sealed in containers inside the shops. The EPA Inspection Team observed that the ground surface throughout the Facility was a combination of paved asphalt, gravel, and dirt [refer to Appendix B, Photograph Log, (Photographs 1, 2, 6, 8, 12, 24, 25, 42, and 43)]. Sediment and erosion controls were not observed at the Facility. The Facility has absorbent material for spills located on the dock by the fueling stations. Spills/Leaks Handling Outside Shelters Evidence of nonstormwater A spill kit was not observed at the on-water fueling station #5 in the northern portion of the facility. The nearest spill kit was located approximately 100 feet away [refer to Appendix B, Photograph Log, (Photographs 20 and 23)]. Temporary (Date Established___________________) Permanent None observed or reported at the Facility. Evidence of non-stormwater sources/discharges was not observed during the inspection. Page 4 of 7 Safe Harbor Pier 121 - Stormwater Inspection 5/14/2024 All photos taken by Taylor Fontaine, ERG sources/discharges (allowable if permitted under MSGP)? Evidence of process wastewater sources/discharges? Evidence of process wastewater sources/discharges was not observed during the inspection. OUTFALL, STORMWATER DISCHARGE & RECEIVING WATER OBSERVATIONS The EPA Inspection Team observed four (4) stormwater discharge points from the Facility. Three (3) of these were previously identified by the Facility (001, 002, and 003), and one was identified as a location where a pipe conveys stormwater from the Facility into the lake. The EPA Inspection Team did not see industrial activities in the drainage areas for #1 - #3 below. 1) Previously unidentified discharge point: Located in the western portion of the Facility. Debris was observed gathered at the inlet, which is downhill from the parking lot. A constructed conveyance pipe discharges to the lake approximately 25' away from the inlet. [refer to Appendix B, Photograph Log, (Photographs 6 and 7)]. Number and description 2) Discharge Point 001: Located in the western portion of the Facility. From of each potential the parking lot, the gradient slopes down to the lake. The area between Stormwater Discharge the parking lot and lake was thickly vegetated and very wet [refer to Point from the Facility Appendix B, Photograph Log, (Photographs 1, 2 and 8)]. 3) Discharge Point 002: Located in the northern portion of the Facility. The gravel surface slopes from the adjacent parking lot to the lake. Stormwater could surface flow from an adjacent parking lot, over a gravel area, and into the lake [refer to Appendix B, Photograph Log, (Photograph 25)]. 4) Discharge Point 003: Located in the eastern portion of the Facility. From the asphalt-covered parking area, the grass-covered land slopes down to the lake. Stormwater could surface flow to the north past the dock maintenance shop, over the grass-covered slop, through a piped conveyance, and into the lake [refer to Appendix B, Photograph Log, (Photographs 42 and 43)]. Evidence of pollutants migrating offsite (stains, deposits, ponding) at The EPA Inspection Team did not observe evidence of pollutants migrating offsite discharge points, into into receiving waters or a Municipal Separate Storm Sewer System (MS4). receiving waters or in MS4 Evidence of Non- stormwater Discharges Evidence of non-stormwater discharges leaving the site was not observed during leaving site (authorized or the inspection. unauthorized) Description of general Stated in the "Sediment & Erosion Controls" section of this report, the EPA gradients/slopes onsite, Inspection Team observed that the ground surface throughout the Facility was a Page 5 of 7 Safe Harbor Pier 121 - Stormwater Inspection 5/14/2024 All photos taken by Taylor Fontaine, ERG all apparent discharge points, and discharge pathway from Facility to Receiving Water or MS4 (storm drains, channel, swale, ditches, driveway, pipes, & etc.) combination of paved asphalt, gravel, vegetated areas, and dirt [refer to Appendix B, Photograph Log, (Photographs 1, 2, 6, 8, 12, 24, 25, 42, and 43)]. The EPA Inspection Team observed the Facility to be graded towards the lake on the west, north, and east perimeters. See the Section above titled "Number and description of each potential Stormwater Discharge Point from the Facility" above for more information on discharge points. SECTION III - AREAS OF CONCERN 1) At the time of the inspection, the EPA Inspection Team identified the following at the Facility: a. The EPA Inspection Team observed the Facility serving as a marina and repairing boats. These activities are included in the description of 4493 - Marinas. Businesses classified under SIC Codes 4493 are regulated under 40 C.F.R. 122.26 for stormwater discharges associated with industrial activity. b. The Facility's outdoor areas were used for industrial activities including boat fueling, boat storage, and dock repair/maintenance. c. At the time of the inspection, the Facility did not have coverage under the 2021 MSGP for Stormwater Discharges Associated with Industrial Activity. d. Facility stormwater, from areas used for industrial activities, discharges to Lewisville Lake [refer to Appendix B, Photograph Log, (Photographs 2, 6, 7, 8, 25, 42, and 43)]. 2) The EPA Inspection Team observed a lack of a spill kit near fueling station #5 [refer to Appendix B, Photograph Log, (Photograph 20)]. 3) The EPA Inspection Team observed waste receptacles without permanent covers/lids [refer to Appendix B, Photograph Log, (Photographs 13, 14, 15, 21, 28, 29, and 33)]. 4) The EPA Inspection Team observed a 5-gallon bucket labeled aqueous film-forming foam (AFFF) located on a dock that was uncontained with the potential to spill into the lake [refer to Appendix B, Photograph Log, (Photograph 17)]. A Facility representative stated that the bucket likely contained used oil from a nearby boat and removed the bucket during the inspection. 5) The EPA Inspection Team observed a general lack of good housekeeping at the dock maintenance shop. Specifically, the EPA Inspection Team observed a paint roller, concrete mix, and a battery that were covered but exposed to stormwater flow into the shop [refer to Appendix B, Photograph Log, (Photographs 34 through 37)]. 6) The EPA Inspection Team observed petroleum staining on the asphalt laydown area in the western portion of the Facility and on the concrete pad for the dock maintenance shop [refer to Appendix B, Photograph Log, (Photographs 10 and 38)]. 7) The EPA Inspection Team observed a portable toilet near the dock maintenance shop (approximately 200 feet from the lake) not secured to the ground surface to prevent being knocked over [refer to Appendix B, Photograph Log, (Photograph 12)]. SECTION IV - LIST OF APPENDICES Appendix A - Aerial Location Page 6 of 7 Appendix B - Photograph Log Safe Harbor Pier 121 - Stormwater Inspection 5/14/2024 All photos taken by Taylor Fontaine, ERG Page 7 of 7