Document DDB930eQZOb37NDVr0gK24D1n
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III
1650 Arch Street Philadelphia, Pennsylvania 19103-2029
Report Title: Inspection Date(s): Regulatory Program(s): Type of Activity: Site/Facility Name: Permittee(s): Site/Facility Operator: Site/Facility Address:
Latitude: County/Parish: General Permit #: Site Specific Permit #: NAICS Code: Unique Project #:
Clean Water Act Compliance Inspection Report
06/16/2022
National Pollutant Discharge Elimination System (NPDES)
Industrial Stormwater
Lawson Road 234-21.00-139.00
Undetermined Not Currently Permitted
RB Hauling
Lawson Road Parcel 234-21.00-139.00
Georgetown, DE 19947
38.640188
Longitude: -75.270777
Sussex
Not Applicable
Not Applicable
Unknown
SIC: Unknown
3E22WN076B
Site/Facility Representative(s): John Davidson Phone: 302-645-5966
EPA Inspectors: Peter Gold Phone: (215) 814-5236
State/Local Inspectors:
Bill Tanner
Phone: (302) 739-9949 Jena Saxton DNREC Phone: (302) 739-9343 Cody Letsinger - DNREC Phone: (302) 739-9350
Point of Contact
Email: Cdavidson1129@verizon.net
Email: Gold.Peter@epa.gov
Email: Bill.Tanner@delaware.gov Email: Jena.Saxton@delaware.gov Email: Cody.Letsinger@delaware.gov
Gold, Peter
Digitally signed by Gold, Peter Date: 2022.08.15 12:59:46 -04'00'
Report Preparer Signature/Date
Supervisor Signature/Date
Peter Gold, Enforcement Officer
Date
NPDES Enforcement Section (3ED32)
MICHAEL GREENWALD
Digitally signed by MICHAEL GREENWALD Date: 2022.08.15 13:02:36 -04'00'
Michael Greenwald, Acting Section Chief
Date
NPDES Enforcement Section, (3ED32)
Unique Project#: 3E22WN076B
Lawson Road 234-21.00 06/16/2022
Table of Contents I. Introduction ................................................................................................................................. 3
A. Inspection Opening Conference ............................................................................................. 3 B. Weather and Precipitation Conditions .................................................................................... 3 C. Summary of the Site/Facility .................................................................................................. 4 II. Site/Facility Activity ................................................................................................................. 4 III. Observations ............................................................................................................................. 4 IV. Records Review ........................................................................................................................ 5 V. Closing Conference.................................................................................................................... 5
Attachment A: Photo Log
List of Attachments
Unique Project #: 3E22WN076B
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Lawson Road 234-21.00 06/16/2022
I. Introduction
On June 16, 2022, an inspection team composed of staff from the U.S. Environmental Protection Agency (EPA) Region III (hereinafter, "EPA Inspection Team") and representatives of the Delaware Department of Natural Resources and Environmental Control ("DNREC") met with John Davidson at the parcel of land he owns on Lawson Road in Georgetown Delaware. The parcel is 7.95-acres in size and is located on Lawson Road between Zoar Road and Henrys Way. The inspection was conducted to assess if current operations and conditions required a National Pollutant Discharge Elimination System ("NPDES") Permit.
A. Inspection Opening Conference
The EPA Inspection Team arrived at the site at approximately 10:00 AM for the announced inspection. The EPA Inspection Team met several representatives of DNREC and Sussex County Constable on the property in addition to the property owner. The EPA, DNREC and Sussex County representatives listed below were at the site entrance:
Name
Peter Gold Cody Letsinger Jenna Saxton Bill Tanner Matthew Grabowski Bryson Ezell Lisa Myura Chad Dolt Eric Rowland Matt Jones Tim Hamlett Patrick Emory Kelly Passwaters
Steve Hickman
Table 1. EPA and DNREC Representatives
Agency
E-mail
EPA
Gold.peter@epa.gov
DNREC
Cody.letsinger@delaware.gov
DNREC
Jena.sexton@delaware.gov
DNREC
Bill.tanner@delaware.gov
DNREC
Matthew.grabowski@delaware.gov
DNREC
Bryson.ezell@Delaware.gov
DNREC
Lisa.myura@Delaware.gov
DNREC
Chad.dolt@delaware.gov
DNREC
Eric.rowland@Delaware.gov
DNREC
Matthew.jones@delaware.gov
DNREC
Timothy.hamlett@delaware.gov
DNREC
Patrick.emory@delaware.gov
Sussex
County
Kpasswaters@sussexcounty.de.gov
Constable
Sussex
County
Sdhickman@sussexcounty.de.gov
Constable
B. Weather and Precipitation Conditions
During the inspection, weather was overcast. National Oceanic and Atmospheric Administration (NOAA) National Weather Service precipitation data for the date of the inspection and 5 days prior are provided in the Table 2 below:
Unique Project #: 3E22WN076B
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Lawson Road 234-21.00 06/16/2022
Table 2. Precipitation Data
Station Name
Date
Georgetown Delaware Coastal Airport, DE US USW00013764 Georgetown Delaware Coastal Airport, DE US USW00013764 Georgetown Delaware Coastal Airport, DE US USW00013764 Georgetown Delaware Coastal Airport, DE US USW00013764 Georgetown Delaware Coastal Airport, DE US USW00013764 Georgetown Delaware Coastal Airport, DE US USW00013764
06/11/2022 06/12/2022 06/13/2022 06/14/2022 06/15/2022 06/16/2022
Precipitation Amount (inches)1 Trace Trace 0.01 0.36 0.00
0.36
C. Summary of the Site/Facility
The total area of the property is 7.95 acres according to Sussex County records. There was a large pile of sediment, vegetative debris, logs, sand and crushed concrete on the property.
II.Site/Facility Activity
The property owner informed the Inspection Team that the parcel was purchased in 1993 and that the property is used to move and store dirt associated with their masonry business. The property owner claimed there is no concrete crushing, acceptance of liquid wastes, or excavating occuring on the property. The property owner informed the Inspection Team that he once took dredge spoils to the property and this activity was permitted by DNREC and occurred over 10 years ago. The property owner claimed this was the only time 3rd party waste was accepted. The property owner also said concrete crushing occurred at the site historically but no longer takes place. Permits and notifications of the concrete crushing was provided to the Inspection Team and are provided in the Photo Log. There was no documentation provided regarding the dredge spoils.
III. Observations
The following section summarizes the EPA Inspection Team's observations relative to the property inspection. The facility is not permitted under the NPDES program. There was measurable precipitation around the property the day of and the day before the inspection. There was no evidence of runoff exiting the property during the inspection. Most of the site was bermed, but there were three areas where water was pooled/ponded onsite. One area was in the rear corner of the property and another was where previously crushed concrete was being stored. These areas did not show evidence of surface water migration.
Photographs during the inspection were taken by Peter Gold. The photographs for this report have been processed in order to assign to each photo the original camera-generated file name (e.g., IMAG0032). The camera-generated file name is used to identify each photo in the main narrative of this inspection report. Unused photos are digitally stored and maintained in the inspection file. Unused photos are available upon request.
1 Source: NOAA National Climatic Data Center (http://www.ncdc.noaa.gov/).
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Lawson Road 234-21.00 06/16/2022
Potential Requirement for Permit Coverage Federal regulations at 40 CFR 122.26(b)(14)(i)-(xi) require stormwater discharges associated with specific categories of industrial activity to be covered under NPDES permits (unless otherwise excluded).
Observation #1: The Inspection Team evaluated the Delaware Regulations and EPA's Multi Sector General Permit (MSGP) for Stormwater Discharges Associated with Industrial Activities to determine if permit coverage was required. The Inspection Team looked at the Industrial Sectors requiring coverage in the regulations. At the time of inspection there was no excavating, digging, crushing, or processing of materials observed.
There were multiple piles of sand, dirt, crushed concrete, crushed stone and vegetative debris on the property including creosote treated lumber. The vegetative material was not being mulched or processed. DNREC intends to require the creosote treated lumber be removed from the property.
It did not appear at the time of inspection that industrial processes were occuring on site and with the removal of the creosote treated lumber it did not appear that industrial wastes were being stored on site.
There were some areas on the site where water was ponded but at the time of inspection it did not appear that there was water migrating off site via overland flow.
IV. Records Review The Inspection Team reviewed Delaware Regulations 7201 Regulations Governing the Control of Water Pollution and the EPA Multi Sector General Permit for Stormwater Discharges Associated with Industrial Activity.
V.Closing Conference There was a closing conference held with the property owner where the preliminary observations of the inspection were discussed.
Unique Project #: 3E22WN076B
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