Document KXNoVwqjwepQwqEa6o6aQJ6r

U.S. EPA, Headquarters Enforcement Division 1200 Pennsylvania Avenue NW, Washington, DC 20004 INDUSTRIAL FACILITY STORMWATER INSPECTION Inspection Date(s): Time: Weather Conditions: Media/Program: 11/13/2023 Entry: 1:00 PM Exit: 3:30 PM Sunny with temperatures of approximately 52 F Water - CWA 301, 402 - Industrial SW/NEC 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: Onsite Representatives: Name: John Moore Authorized Official: Name: John Moore Authorized Official: Name: Tom Foley Authorized Official: Name: Danny Perkinson Inspector(s): Taylor Fontaine (PG Environmental) Vulcan Materials Company Lower Dock Stone Yard N/A, no Clean Water Act permit 5032: Brick, Stone, and Related Construction Materials The Facility representative was unsure of the Facility's SIC code. The SIC code was provided via email by Tom Foley Environmental Manager Vulcan Materials Company Northeast Division on November 20, 2023. 5600 Old Osborne Turnpike Richmond, VA 23231 37.506900, -77.415560 5600 Old Osborne Turnpike Richmond, VA 23231 N/A, Independent City of Richmond Monday - Friday, 7:00 AM - 3:00 PM 1-2 Unknown, Facility representative was unable to estimate acreage James River, bordering the west side of the Facility property At least 100 years according to Facility representative Title: Site Superintendent/Loader Email: Not provided Contacted? Yes No Title: Site Superintendent/Loader Email: Not provided Contacted? Yes No Title: Environmental Manager - Northeast Division Email: foleyt@vmcmail.com Contacted? Yes No Title: Plant Manager Email: Not provided Phone: (804) 236-4160 Phone: (804) 236-4160 Phone: (703) 713-3125 Phone: Not provided Title: Lead Inspector Phone: (703) 956-1977 Page 1 of 6 Vulcan Materials Company - Lower Dock Stone Yard Stormwater Inspection Date: November 13, 2023 Chris Pardo (PG Environmental) Sean Ireland (EPA) Rachel Olugbemi (EPA) Inspection Report Author: Name: Taylor Fontaine (PG Environmental) Supervisor Review: Name: Sean Ireland (EPA, Senior Inspector) Title: Inspector Title: Inspector Title: Inspector Signature: Signature: Sean Ireland Phone: (703) 398-4251 Phone: (202) 564-2923 Phone: (202) 564-2081 Date: 12/20/2023 Date: 12/20/2023 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 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 November 13, 2023, U.S. Environmental Protection Agency (EPA) contractor, PG Environmental, conducted an industrial stormwater non-filer inspection at Vulcan Materials Company - Lower Dock Stone Yard located in Richmond, Virginia (Facility). Mr. Sean Ireland of U.S. EPA (EPA) Headquarters, Ms. Rachel Olugbemi of EPA Headquarters, Mr. Taylor Fontaine of PG Environmental, and Mr. Chris Pardo of PG Environmental (collectively the EPA Inspection Team) met with the Facility representative and conducted an opening conference upon arrival. The EPA Inspection Team explained to John Moore (Site Superintendent/Loader) that the purpose of the inspection was to document the Facility's industrial activity and evaluate the requirement to apply for a National Pollutant Discharge Elimination System Permit (Permit). At the time of the inspection, the Facility did not have coverage under a Permit. Weather conditions were sunny skies, and temperatures approximately 52 F. According to precipitation data from the National Oceanic and Atmospheric Administration (NOAA)1, the Richmond, Virginia area received no rain the morning of the inspection. There was also no rain during the inspection. 1Source: NOAA National Climatic Data Center (http://www.ncdc.noaa.gov/). Page 2 of 7 Vulcan Materials Company - Lower Dock Stone Yard Stormwater Inspection Date: November 13, 2023 2) Credentials presented to: John Moore - Site Superintendent/Loader 3) Facility acknowledged receiving previous outreach materials or correspondence on Permit requirements? Yes No The Facility representative stated that he was unaware of any previous outreach regarding the requirement to apply for and obtain a permit. John Moore and the EPA Inspection Team spoke to Danny Perkinson, Plant Manager during a phone conversation at the time of the inspection and he relayed that Vulcan's understanding is that the Facility, which was engaged in the wholesale distribution of aggregate materials, did not require an industrial stormwater permit. A company memo to this effect was provided to the Lead Inspector via email on November 20, 2023. 4) Facility has been individually notified by permit authority or EPA that it is subject to stormwater requirements? Yes No The Facility representative stated that he was unaware of any notification by EPA or the State of Virginia regarding stormwater Permit requirements. FACILITY'S OPERATION & PRODUCT DESCRIPTION Description of business and industrial activities occurring throughout the site. (Include operator's description and note any documentation that further establishes SIC code (permit applications, reports, business registries, website...). The Facility is in the City of Richmond, Virginia. The Facility is bordered by the James River to the west, the Virginia Capital Bike Trail and International Martex Tank Terminals (IMTT) to the north, Old Osborne Turnpike to the east, and Almond Creek/private land to the south. The Facility had a berm along the eastern and southern perimeter of the Facility, adjacent to Almond Creek; however, the EPA Inspection Team did not inspect the eastern portion of the Facility where a small pond was located near the entrance and where there was no recent industrial activity. The Facility comprised a large, covered warehouse structure used to store lime for agricultural customers, a small office, a truck scale, and various piles of aggregate materials (refer to Appendix B, Photographs 1 through 7, 26, 27, 30 through 33). The Facility representative stated that the Facility solely serves as an aggregate materials sales yard and does not manufacture or process materials. According to the Facility representative, the Facility receives aggregate materials (e.g., #21A gravel, #57 stone, masonry stand, etc.) via truck. The materials are then sorted into piles onsite for sale to commercial and public customers. The EPA Inspection Team observed the aggregate piles were exposed to stormwater and uncontained. Although the Facility had a dock located directly on the James River for barges to load and unload aggregate material, the Facility representative said there had been no over-water operations at the Facility for "several years". Additionally, the Facility had a large covered, open-sided warehouse used to store lime located in the northern part of the Facility. The Facility maintained an earthen berm that extended along the western and southern boundaries of the Facility (refer to Appendix B, Photographs 8 through 23). A drainage ditch ran along the berm within the property on the southern boundary, eastern boundary, and a portion of the western boundary where stormwater is channeled toward the James River in the southwest corner of the Facility. Page 3 of 7 Vulcan Materials Company - Lower Dock Stone Yard Stormwater Inspection Date: November 13, 2023 Other industrial facilities owned/operated by same business entity? Yes No Describe: The Facility is owned/operated by Vulcan Materials Company, a national organization with locations across the southern United States including 69 facilities in Virginia according to the Vulcan website, https://www.vulcanmaterials.com/construction-materials/facilities-map/find-by-state. SECTION II - OBSERVATIONS SITE EVALUATION Pollutant Sources Loading/Unloading Operations Industrial Manufacturing/ Processing Operations 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 The Facility had one (1) entrance off Old Osborne Turnpike. The EPA Inspection Team did not observe any active loading/unloading at the Facility during the inspection. The Facility representative stated that materials are brought in via truck, sorted into piles onsite, and then sold to commercial and public customers. The Facility representative stated that the Facility operates as a sales yard and does not conduct any industrial manufacturing or processing activities. The EPA Inspection Team did not observe any industrial manufacturing/processing operations onsite. The EPA Inspection Team observed one (1) yellow front-end loader stored outside, as well as conveyor equipment that, according to the Facility representative, was no longer in use (refer to Appendix B, Photographs 2, 3, and 7). During the inspection, the EPA Inspection Team observed piles of materials (rock, stone, and sand) stored uncovered and exposed to stormwater (refer to Appendix B, Photographs 5 through 7, 26, 27, 30 through 33). Lime was also stored at the Facility under a covered warehouse structure that had open sides (refer to Appendix B, Photographs 30 through 33). The EPA Inspection Team observed two (2) 250-gallon, double-walled storage tanks. One tank was used to store waste oil and one tank was used to store diesel fuel for onsite equipment (refer to Appendix B, Photograph 29). These tanks were in the southern portion of the Facility. The EPA Inspection Team observed a spill kit located adjacent to the tanks. See the "Liquid Storage Section" above. The EPA Inspection Team did not observe any waste treatment facilities or areas used to treat stormwater onsite. See the "Liquid Storage Section" above. Page 4 of 7 Vulcan Materials Company - Lower Dock Stone Yard Stormwater Inspection Date: November 13, 2023 Sediment & Erosion Controls Spills/Leaks Handling The EPA Inspection Team observed an earthen berm that established a stormwater conveyance that extended along the western, eastern, and southern boundaries of the Facility (refer to Appendix B, Photographs 8 through 23). The Facility had placed riprap in locations where stormwater entered the stormwater conveyance; there were also riprap check dams in the conveyance that had accumulated sediment and debris (refer to Appendix B, Photographs 12, 14, 15, and 16). Also, the Facility representative stated that the Facility utilizes a water truck for dust suppression but did not specify the frequency. The EPA Inspection Team observed a spill kit located near the waste oil and diesel storage tanks. The EPA Inspection Team did not observe any signs of petroleum staining or pooled oil onsite. Temporary (Date Established_____________) Permanent Outside Shelters The Facility had one large, roofed structure without side coverings located in the northern portion of the Facility (refer to Appendix B, Photographs 30 through 33). According to the Facility representative, the structure houses lime. The piles of lime were not fully contained, and lime had migrated under the corrugated metal side of the structure and onto the ground surface outside the structure in a location along the eastern side of the structure (refer to Appendix B, Photographs 31 through 33). Evidence of non-stormwater sources/discharges (allowable if permitted under Permit)? Evidence of process wastewater sources/discharges? The EPA Inspection Team did not observe evidence of non-stormwater sources/discharges that would have been allowable if permitted under Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Stormwater Discharges Associated with Industrial Activity. The EPA Inspection Team did not observe any evidence of process wastewater sources/discharges onsite. OUTFALL, STORMWATER DISCHARGE & RECEIVING WATER OBSERVATIONS The EPA Inspection Team observed evidence of four (4) discharge points (Discharge Points #1 through #4) along the western property line. From north to south, the discharge points are as follows: Number and description of each potential Stormwater Discharge Point from the Facility Discharge Point #1 - This discharge point was traced from the Facility's storage shelter in the northern portion of the Facility. Stormwater would convey from the lime storage shelter area to the east, then north, eventually to the west and the James River (refer to Appendix B, Photographs 34 through 43). Discharge Point #2 - This discharge point was located at a break in the berm along the Facility's western boundary (refer to Appendix B, Photograph 9). Stormwater would be conveyed west towards the James River. Page 5 of 7 Vulcan Materials Company - Lower Dock Stone Yard Stormwater Inspection Date: November 13, 2023 Evidence of pollutants migrating offsite (stains, deposits, ponding) at discharge points, into Receiving Waters or in MS4 Discharge Point #3 - This discharge point was located at a break in the berm along the Facility's western boundary, to the south of Discharge Point #2 (refer to Appendix B, Photograph 11). Stormwater would convey from the Facility's scale house to this point west towards the James River. Discharge Point #4 - This discharge point was in the Facility's southwestern corner collecting stormwater from the majority of the Facility, including the aggregate storage areas, towards the James River (refer to Appendix B, Photograph 18). The EPA Inspection Team observed evidence of directional deposit of silt/sediment on leaves and branches (i.e., "racking") within the drainage ditch and offsite adjacent to the James River (refer to Appendix B, Photographs 8, 11, 14, 17, 19, 20, 22, and 23). More specifically, sediment deposition was evident throughout much of the conveyance and the direction of flow could be determined by leaves and debris racking upgradient of limbs and rocks at Discharge Points #2, #3, and #4. Discharge Point #1 had water within the heavily vegetated conveyance leading to the James River. At Discharge Point #3 and #4, sediment could be traced to the top of the steep embankment of the James River where stormwater velocity would significantly increase and carry sediment downslope to the river. Evidence of Nonstormwater Discharges leaving site (authorized or unauthorized) Description of general gradients/slopes onsite, all apparent discharge points, and discharge pathway from Facility to Receiving Water or MS4 (storm drains, channel, swale, ditches, driveway, pipes, & etc.) The EPA Inspection Team did not observe evidence of nonstormwater discharges leaving site. The ground surface throughout the Facility was compacted dirt and gravel, excluding the poured concrete floor in the storage warehouse. Most of the site sloped west towards the James River, with the highest points located in the center of the Facility east and south of the scale house (refer to Appendix B, Photograph 2). The northeast portion of the Facility by the storage structure sloped to the northeast. The Facility is bordered on the western, eastern, and southern boundaries by an earthen berm. See the Section above titled "Number and description of each potential Stormwater Discharge Point from the Facility" above for more information on discharge points. Page 6 of 7 Vulcan Materials Company - Lower Dock Stone Yard Stormwater Inspection Date: November 13, 2023 SECTION III - AREAS OF CONCERN 1) The EPA Inspection Team observed four (4) discharge points (Discharge Points #1 through #4) along the Facility's western property line that would convey stormwater from the Facility to the James River (refer to Appendix B, Photographs 9, 11, 18, and 34 through 43). See the Section titled "Number and description of each potential Stormwater Discharge Point from the Facility" above for more information. 2) The Facility had placed riprap at discharge points in the stormwater conveyances to mitigate sediment intrusion and check dams to slow down stormwater velocity (refer to Appendix B, Photographs 12, 14, 15, and 16). However, the riprap was not effective enough to inhibit discharge of sediment offsite. 3) The EPA Inspection Team observed more than five (5) aggregate storage piles without cover or containment (refer to Appendix B, Photographs 5 through 7, 26, and 27). 4) Piles of lime were not fully contained, and lime had migrated under the corrugated metal side of the storage structure and onto the ground outside the structure (refer to Appendix B, Photographs 31 through 33). SECTION IV - CLOSING CONFERENCE Attendees: John Moore, Sean Ireland, Rachel Olugbemi, Taylor Fontaine, and Chris Pardo At the conclusion of the inspection, the EPA Inspection Team met with the Facility representative to discuss preliminary observations. The EPA Inspection Team explained that there was evidence of pollutant discharges from the Facility to surface waters and the Facility may require a Permit regardless of the SIC code. On November 20, 2023, following the inspection, Tom Foley - Environmental Manager for Vulcan's northeast division explained that the Facility does not have a Permit and based on the industrial activity, does not need a Permit. The Facility representative provided the EPA Inspection Team with an internal Vulcan Materials' memo dated November 20, 2009, which claimed that aggregate sales yards are not required to obtain a federal or state stormwater Permit (refer to Appendix C for a copy of the provided document). SECTION V - LIST OF APPENDICES Appendix A - Aerial Map Appendix B - Photograph Log Appendix C - Exhibit Log Page 7 of 7