Document 930BezXBe4zzJObOKRrrgbOe7

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 04/18/2024 02:52 PM (CT) Announced: No 04/18/2024 3:42 PM (CT) Access: Granted Intermittent rain and close to 60 degrees Fahrenheit Water Clean Water Act, NPDES, Stormwater - Industrial Industrial Stormwater Inspection (ISI) Permittee Name Facility or Site Name Facility/Site Physical Address City, State, Zip Code County Facility GPS Coordinates Mailing Address City, State, Zip Code Northeast Asphalt, Inc. (Pearl Quarry) Northeast Asphalt, Inc. (Pearl Quarry) W1396 Pearl Street Oneida, Wisconsin 54165 Outagamie 44.519465, - 88.257141 N3 W23650 Badinger Road Waukesha, WI 53118 FRS ID Permit Number SIC and/or NEACS WIR051IA0B 1422 Regulatory Representatives Participating in Inspection: Title Name N/A N/A Organization N/A Lead Inspector: Danny Nguyen Supervisor Review: Mr. Brooke Furio DANNY NGUYEN Date: 2024.06.14 07:30:54 -04'00' Digitally signed by DANNY NGUYEN EPA REGION 5 nguyen.danny@epa.gov (440) 250-1709 BROOKE FURIO Date: 2024.06.14 07:46:28 -04'00' Digitally signed by BROOKE FURIO EPA REGION 5 furio.brooke@epa.gov (440) 250-1705 1 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: 04/18/2024 SECTION I - INTRODUCTION Site Entry and Inspection Objectives EPA REGION 5 inspector, Danny Nguyen, arrived at Northeast Asphalt, Inc. Pearl Quarry (NEA - Pearl), located at W1396 Pearl Street, Oneida, Wisconsin 54165, at 02:52PM (CT) on 04/18/2024 for an unannounced inspection. Mr. Nguyen presented his credentials to Mr. Zach Leitner and informed him that this was an EPA REGION 5 inspection to investigate elements of the Clean Water Act (CWA) and applicable regulations. This report is based on information supplied by NEA - Pearl's representatives, direct observations made by the EPA REGION 5 inspectors, records and reports maintained by the permittee and other information including: photographs taken by EPA REGION 5 inspectors, physical evidence collected by the EPA REGION 5 inspectors, measurements taken by EPA REGION 5 inspectors, verbal or written statements made by information supplied by NEA - Pearl's 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 NEA - Pearl's representatives during or subsequent to the on-site inspection. In addition, information gathered prior to or subsequent to the inspection from a review of EPA, State, and/or public records may be included in this report. Attendees Organization EPA REGION 5 Walbec Group Attendee Name Danny Nguyen Zach Leitner Facility/Site Description Title NPDES Inspector Environmental Coordinator Present in Opening Conf. Yes Yes Present in Closing Conf. Yes Yes EPA REGION 5 inspector confirmed the following Facility information: NEA - Pearl applied for and was issued a Multi Sector General Permit (MSGP) to Discharge Under the United States Environmental Protection Agency (EPA) National Pollution Discharge Elimination System NPDES ID WIR05IA0B. Northeast Asphalt, Inc. (NEA) is one of six companies that make up the Walbec Group who produces construction materials and services to their customers. NEA produces and provides asphalt pavement services and products throughout Northern Wisconsin. According to the site's Notice of Intent (NOI), Pearl Quarry is a nonmetallic sand and gravel pit/quarry, in which sand and stone are excavated/blasted, crushed, and sorted into specified gradation stockpiles. Mobile petroleum crushing plants are brought in for crushing and washing operations. Pearl Quarry is owned by the Oneida Tribal Nation and NEA-Pearl leases the quarry for operations. Stormwater does not directly discharge from the quarry. Stormwater is collected at the southeast corner in the quarry in a sump hole. NEA - Pearl conducts dewatering operations on an as needed basis by pumping out the stormwater from the quarry sump hole and discharges through a hose to a stormwater ditch that flows south where it merges with a west-east flowing community stormwater ditch. Facility/Site Information Responsible official Verify SIC Code Personnel conducting inspections/sampling Zach Leitner 1422 Max Pace 2 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: 04/18/2024 Sampling locations Samples taken from end of pump hose discharging to the stormwater ditch Copy of the SWPPP Yes Number of employees 1 operator at site Receiving Water Unnamed tributary to Duck Creek Number/location of Stormwater Inlets/ Outfalls/Drains including near docks or storage areas and where they initially drain (MS4, ditch detention basin) Stormwater is discharged through dewatering operations from a sump hole in the quarry via hose and discharged to a stormwater ditch that flows south parallel to the site entrance road. No direct discharge outfalls at the site. BMPs/Stormwater Treatment Frequent visual inspections, good housekeeping, erosion control, spill prevention and response. Industrial activities exposed to stormwater Aggregate stockpiles, mobile crushing plants, and portable fuel storage tanks Industrial Sector/Sub- J/J2 sector Type of Operation Nonmetallic sand and stone excavation/blasting, crushing, and washing Shifts/Hours/Days of During non-winter months 6:00 AM - 5:00 PM, winter months 7:00 AM - 3:00 PM Operations/Shutdowns Monday through Friday Size of Facility 21 acres Is the SWPPP team No present Name of the person engaging with the inspector Zach Leitner Type of materials Aggregate materials, mobile crushing plants, and portable fuel storage tanks and/or vehicles stored outdoors Location(s) Location/Area/Sub-area Outdoor area Description The outdoor area consists of aggregate stockpiles within the quarry. Outside the quarry is grass and vegetated areas with a large dirt pile on the northeast side of the site outside the quarry. 3 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: 04/18/2024 SECTION II - OBSERVATIONS Location: Opening Conference Observation #: DN1-OC-001 Date: 04/18/2024 Weather: Intermittent heavy rain and close to 60 degrees Fahrenheit EPA observed the following, during the opening conference: Mr. Leitner stated the entire Pearl Quarry property is currently being leased from the Oneida Tribal Nation. Oneida is the owner/lessor and NEA is the lessee for the entire property (reference document number 2020-0006 commercial lease dated March 2, 2020). Pearl Quarry conducts similar operations as the Hobart Aggregate Site that is owned by NEA. Mr. Leitner stated there is no direct discharge of stormwater from the quarry into any receiving waters. Stormwater collects in a sump hole on the southeast corner of the quarry and is pumped to the top of the quarry via a pump and hose where the stormwater is discharged into the site's stormwater ditch which ultimately merges with a west to east stormwater ditch that runs parallel with Pearl Street and ultimately discharges to Duck Creek approximately a mile away. Location: Outdoor area Observation #: DN1-OB-001 Date: 04/18/2024 Weather: Intermittent heavy rain and close to 60 degrees Fahrenheit EPA observed the following, during the walkthrough of the outdoor area: On the north side of the site outside the quarry, Mr. Nguyen observed a retention depression filled with water. The depression is contained by a high berm around its perimeter. The depression is not listed in the NEA - Pearl's SWPPP. Mr. Nguyen observed stormwater pooled in another depression on the north side close to the neighbor's property line per Mr. Leitner. At the top of the quarry next to the stormwater ditch, Mr. Nguyen observed the dewatering of stormwater discharging from the sump hole to the ditch via the discharge hose. Mr. Leitner stated samples and quarterly assessments are taken from the end of the discharge hose into the ditch. He stated that routine inspections were not being conducted. Mr. Nguyen observed the stormwater discharged from the hose flowing south parallel to the site entrance road. Mr. Leitner stated the ditch merges with a west to east flowing ditch that collects from other sites and facilities and ultimately to Duck Creek. No permit coverage sign was observed during the walkthrough. Mr. Leitner stated the facility did not have a coverage sign displayed on the property. 4 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: Photos 1. DSCN0700.JPG 2. DSCN0701.JPG 3. DSCN0702.JPG 4. DSCN0703.JPG 5. DSCN0704.JPG 6. DSCN0705.JPG 7. DSCN0706.JPG 8. DSCN0707.JPG 9. DSCN0708.JPG 10. DSCN0709.JPG 11. DSCN0710.JPG 12. DSCN0711.JPG 13. DSCN0712.JPG 14. DSCN0713.JPG 15. DSCN0714.JPG 16. DSCN0715.JPG 17. DSCN0716.JPG 18. DSCN0717.JPG 19. DSCN0718.JPG 20. DSCN0719.JPG 21. DSCN0720.JPG 22. DSCN0721.JPG 5 of 33 04/18/2024 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: 04/18/2024 SECTION III - RECORDS REVIEW Records may not be in sequential order. Record: SWPPP Ref #: DN1-RR-001 Reviewed By: Danny Nguyen AOC: Yes Reviewed Date: 04/26/2024 The latest SWPPP (12/19/2022) was reviewed and the following observations were made: The SWPPP still references Wisconsin state stormwater permit program. The Multi-Sector General Permit (MSGP) is a USEPA program for industrial facilities that fall within Tribal lands. The SWPP did not include `Site Description' meeting all requirements in Section 6.2.2 of the MSGP. The SWPPP did not include inspection and corrective action procedures meeting requirements in Section 6.2.5.2 of the MSGP. Record: Personnel Training Ref #: DN1-RR-002 Reviewed By: Danny Nguyen AOC: Yes Reviewed Date: 04/18/2024 Documentation of employee training as required under the permit was not provided. Record: Inspection Reports Ref #: DN1-RR-003 Reviewed By: AOC: Yes Reviewed Date: Documentation of inspections (routine or quarterly assessments) as required under the permit were not provided. Mr. Leitner stated that routine inspections were not being conducted and quarterly visual assessments were not being conducted since no stormwater is leaving the active operations in the quarry. SECTION IV - SAMPLING ACTIVITIES AND ANALYTICAL RESULTS No sampling was conducted. SECTION V - AREA OF CONCERN Areas of Concern may not be in sequential order. The presentation of Areas of Concern does not constitute a formal compliance determination or violation. 6 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: AOC Reference #: DN1-OC-001 Location: Opening Conference Regulation and/or Permit Requirement 04/18/2024 Section 3.2.1 of the EPA Multi-Sector General Permit (MSGP) requires "The permittee once each quarter for the entire permit coverage, must collect a stormwater sample from each discharge point (except as noted in Part 3.2.4) and conduct a visual assessment of each of these samples" and Section 3.2.2.1 through 3.2.2.5 "must conduct the quarterly visual assessment procedures outlined in Sections 3.2.2.1 through 3.2.2.5 of the samples." Additionally, Section 3.2.3 of the EPA MSGP requires "The permittee must document the results of the visual assessments with information outlined in Sections 3.2.3.1 through 3.2.3.8 in the MSGP and maintain onsite with the SWPPP." AOC: Quarterly visual assessments are not being conducted and documented as required in the MSGP. AOC Reference #: DN1-OB-001 Location: Outdoor area Regulation and/or Permit Requirement Section 1.3.5 of the EPA MSGP requires "The permittee must post a sign or notice of your permit coverage at a safe, publicly accessible location in close proximity to the facility" AOC: No sign or notice of permit coverage was observed during the facility walkthrough. Regulation and/or Permit Requirement AOC Reference #: DN1-RR-001 Record: SWPPP Regulation and/or Permit Requirement Section 6.2.2 of the EPA MSGP requires "The permittee must include in the SWPPP a site description as required in Sections 6.2.2.1 through 6.2.2.3." AOC: The most current SWPPP reviewed did not include site description meeting requirements in Section 6.2.2. 7 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: AOC Reference #: DN1-RR-001 Record: SWPPP Regulation and/or Permit Requirement 04/18/2024 Section 6.2.5.2 of the EPA MSGP requires "The permittee must document in the SWPPP your procedures for performing, as appropriate, the types of inspections specified by the permit" and Section 6.2.5.3 requires "The permittee must document in the SWPPP procedures for conducting the six types of analytical stormwater discharge monitoring specified by the permit." AOC: The SWPPP did not include inspection and corrective action procedures meeting requirements in Section 6.2.5.2. AOC Reference #: DN1-RR-002 Records: Training Regulation and/or Permit Requirement Section 2.1.2.8 (a) & (b) of the EPA MSGP requires "The permittee must train all employees who work in areas where industrial materials or activities are exposed to stormwater, or who are responsible for implementing activities necessary to comply with this permit (e.g., inspectors, maintenance personnel), including all members of your stormwater pollution prevention team" and Section 6.2.5.1(e) "The elements of your employee training plan shall include all, but not necessarily limited to, the requirements set forth in Part 2.1.2.8, and also the content of the training, the frequency/schedule of training for employees who work in areas where industrial materials or activities are exposed to stormwater, or who are responsible for implementing activities necessary to meet the conditions of this permit and a log of the dates on which specific employees received training." Additionally, Part 8, Section 8.J.5.1 of the MSGP for sector specific requirements requires "The permittee must conduct employee training at least annually at active and temporarily inactive sites. (See also Part 2.1.2.8)." AOC: Documentation of employee training as required under the permit was not provided. 8 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: AOC Reference #: DN1-RR-003 Records: Inspections Regulation and/or Permit Requirement 04/18/2024 Section 3.1 and 3.1.6 of the EPA Multi-Sector General Permit (MSGP) requires "The permittee must perform routine facility inspections of areas as covered by requirements in the permit" and to "document the findings of the inspections and maintain the reports in the SWPPP." AOC: No documentation on routine inspections was provided. SECTION VI - CLOSING CONFERENCE AND FOLLOW UP Closing Conference The EPA REGION 5 Inspector held a closing conference with Mr. Leitner at 3:30 PM (CT) on 04/18/2024 for the inspection. During the closing conference, Mr. Nguyen discussed the observations and Area(s) of Concern identified during the inspection. Observations and Area(s) of Concern have not yet been evaluated for a formal compliance determination. Mr. Leitner did not make a CBI claim. EPA communicated to Mr. Leitner that the inspection report will be emailed to him within 70 days of the day of the inspection. SECTION VII - LIST OF APPENDICES 1. Facility Action Map (from NEA - Pearl's SWPPP) 2. Photo Log 3. Document Log 9 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: APPENDIX 1: Facility Action Map (from NEA's SWPPP) 04/18/2024 10 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: APPENDIX 2: PHOTO LOG 04/18/2024 Road Into Quarry 04/18/2024 03:04 PM Outdoor area facing west Overview of Pearl Quarry No CBI No PII DSCN0700.JPG Photographer: Danny Nguyen 44.444175, - 88.179283 11 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: 04/18/2024 Inside of Quarry 04/18/2024 03:04 PM No CBI Outdoor area in quarry facing southwest Southeast side in Quarry No PII DSCN0701.JPG Photographer: Danny Nguyen 44.518765, - 88.254745 12 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: 04/18/2024 Stormwater Sump Hole DSCN0702.JPG 04/16/2024 03:05 PM No CBI No PII Photographer: Danny Nguyen Outdoor area facing south 44.518618, - 88.254598 Stormwater collection area on southeast corner in quarry 13 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: 04/18/2024 Stormwater Sump Hole DSCN0703.JPG 04/18/2024 03:05 PM No CBI No PII Photographer: Danny Nguyen Outdoor area facing south 44.518618, - 88.254598 Hose from stormwater sump hole in quarry to discharge area 14 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: 04/18/2024 Inside of Quarry 04/18/2024 03:08 PM No CBI No PII Outdoor area facing northwest Overview inside of Quarry (northwest side) DSCN0704.JPG Photographer: Danny Nguyen 44.518775, - 88.254752 15 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: 04/18/2024 Northside of Quarry 04/18/2024 03:10 PM No CBI Outdoor area facing northeast Dirt pile on north side of quarry No PII DSCN0705.JPG Photographer: Danny Nguyen 44.521018, - 88.256548 16 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: 04/18/2024 Stormwater Drainage Ditch DSCN0706.JPG 04/18/2024 03:12 PM No CBI No PII Photographer: Danny Nguyen Outdoor Area facing north 44.521048, - 88.256728 Stormwater drainage ditch on north side outside of quarry 17 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: 04/18/2024 Stormwater Drainage Collection Area DSCN0707.JPG 04/18/2024 03:14 PM No CBI No PII Photographer: Danny Nguyen Outdoor Area facing north 44.521612, - 88.257335 Stormwater drainage ditch to collection area north side of quarry 18 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: 04/18/2024 Stormwater Depression DSCN0708.JPG 04/18/2024 03:16 PM No CBI No PII Photographer: Danny Nguyen Outdoor Area facing north 44.521395, - 88.256363 Stormwater collected in depression on north side of quarry (not described in the SWPPP). 19 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: 04/18/2024 Westside of Quarry 04/18/2024 03:20 PM No CBI Outdoor Area facing west Overview of northwest side of quarry No PII DSCN0709.JPG Photographer: Danny Nguyen 44.521205, - 88.25619 20 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: 04/18/2024 Westside of Quarry 04/16/2024 03:21 PM No CBI Outdoor Area facing west Overview of southwest side of quarry No PII DSCN0710.JPG Photographer: Danny Nguyen 44.519075, - 88.257612 21 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: 04/18/2024 Stormwater Hose on Top of Quarry DSCN0711.JPG 04/18/2024 02:23 PM No CBI No PII Photographer: Danny Nguyen Outdoor Area facing northeast 44.51812, - 88.254393 Stormwater hose from collection area in quarry up to stormwater ditch 22 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: 04/18/2024 Stormwater Pump Power Station 04/18/2024 03:23 PM No CBI No PII Outdoor Area facing west Stormwater pump power station on top of quarry DSCN0712.JPG Photographer: Danny Nguyen 44.518194, - 88.254218 23 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: 04/18/2024 Hose to Stormwater Ditch DSCN0713.JPG 04/18/2024 03:23 PM No CBI No PII Photographer: Danny Nguyen Outdoor Area facing south 44.518227, - 88.254253 Stormwater hose from collection area in quarry up to stormwater ditch 24 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: 04/18/2024 Stormwater Discharge to Ditch DSCN0714.JPG 04/18/2024 03:23 PM No CBI No PII Photographer: Danny Nguyen Outdoor Area facing northeast 44.518125, - 88.254277 Stormwater hose from collection area in quarry discharging to stormwater ditch 25 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: 04/18/2024 Stormwater Ditch Flowing South DSCN0715.JPG 04/18/2024 03:24 PM No CBI No PII Photographer: Danny Nguyen Outdoor Area facing south 44.518078, - 88.254292 Stormwater ditch flowing south parallel to site entrance road 26 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: 04/18/2024 Quarry Overview from Top 04/18/2024 03:25 PM No CBI Outdoor Area facing north Overview of Pearl Quarry from top No PII DSCN0716.JPG Photographer: Danny Nguyen 44.518187, - 88.254228 27 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: 04/18/2024 Pearl Quarry Entrance DSCN0717.JPG 04/18/2024 03:25 PM No CBI No PII Photographer: Danny Nguyen Outdoor Area facing east 44.51812, - 88.254393 Entrance to Pearl Quarry next to stormwater discharge to ditch at top of quarry 28 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: 04/18/2024 Stormwater Ditch DSCN0718.JPG 04/18/2024 03:30 PM No CBI No PII Photographer: Danny Nguyen Outdoor Area facing north 44.51692, - 88.253818 Stormwater flow along ditch out of quarry entrance and parallel to road entrance (on leased property). 29 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: 04/18/2024 Stormwater Ditch DSCN0719.JPG 04/18/2024 03:30 PM No CBI No PII Photographer: Danny Nguyen Outdoor Area facing south 44.516743, - 88.253758 Stormwater flowing along ditch south towards merge with Pearl Street west-east stormwater ditch (on leased property up to Pearl Road and east west ditch) 30 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: 04/18/2024 Stormwater Ditch to Pearl Street Culver DSCN0720.JPG 04/18/2024 03:31 PM No CBI No PII Photographer: Danny Nguyen Outdoor Area facing northeast 44.516457, - 88.25386 Stormwater flow from Pearl Quarry merging with Pearl Street west-east stormwater ditch/culvert 31 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: 04/18/2024 Pearl Street Stormwater Ditch DSCN0721.JPG 04/18/2024 03:31 PM No CBI No PII Photographer: Danny Nguyen Outdoor Area facing east 44.516467, - 88.253602 Stormwater flow under Pearl Quarry Entrance Road culvert flowing east merging with stormwater from other properties. Ultimately flows to Duck Creek approximately 1 mile away (not on leased property). 32 of 33 Northeast Asphalt, Inc. (Pearl Quarry) Inspection Date: APPENDIX 2: DOCUMENT LOG Document Type Document Name Email Attachment Pearl Quarry SWPPP.pdf 04/18/2024 Contains Contains Sent/Uploaded By Date Received CBI PII No No Zach Leitner 04/17/2024 33 of 33