Document NE2KwpwrrRaQNdD7vrKj6qOBb
* UNITED STATES. NPDES Compliance Inspection Report
ENVI!R OPNMREONTTECATGEINOCNY
Building Busters, Inc.
d / b / a Contractors Concrete Recycling and Monster Auto
Wrecking, Inc.
Seattle, Washington
Ecology ISGP Permit # WAR002153
Inspection Date: September 25, 2023
Prepared by:
Rick Cool
U.S. Environmental Protection Agency, Region 10
Enforcement & Compliance Assurance Division
Water Enforcement & Field Branch
Surface Water Enforcement Section
Inspector Signature / Date:
RICHARD COOL Date: 2023.11Di.g2i1ta l1l3y :s5i9gn:e4d 3b y- R0I8C'HA0R0D C'O
OL
Supervisor Signature / Date:
Marshalonis, Daniel (Dino) Digitally signed by Marshalonis, Daniel (Dino)Date: 2023.11.21 14: 27: 07-08'00 '
Contents
I. Facility Information3
II.Inspection Information.......3
III.Permit Information & Ecology May 2023 ISGP Inspection..4
IV.Background.....4
V.Inspection Chronology.12
VI.Opening Conference13
VII. File Review....14
VIII. CCR Facility Walk Through........14
IX.Areas of Concern...15
A.Failure to Immediately Clean Up Oil Contaminated Spills and Leaks
B.Lack of Adequate Preventative Maintenance of Diversion Berms
C.Inadequate Treatment System Inspections, Maintenance & Documentation
D. Failure to Inspect & Sample Three Sedimentation Pond / Basin System
E.Lack of Site Map Locations for Pond / Basin & Treatment Systems Monitoring Points
F.Lack of Adequate Operational Source Control BMPs on Gravel Road
G. DMR. Sampling and Annual Report Anomalies
H. Leaking Vehicle / Equipment Needs Inspection & Maintenance
I.Lack of Employee Training Records on SWPPP & Treatment System
J.2015 SWPPP Needs Significant Modifications & Updating
K.Necessary SWPPP Revisions Include Site Map & Multiple Inventories
X.Closing Conference ....26
ATTACHMENT A-Photograph Log27
ATTACHMENT B - - Stormwater Block Diagram.......31
ATTACHMENT C-Modified Stormwater Conveyance System...33.
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Building Busters, Inc. - Seattle
ISGP # WAR002153
(Unless otherwise noted, all details in this inspection report were obtained from conversations
and communications (e.g., emails, Teams meeting, submissions, etc.) with Joseph B. Anderson,
Facility operations manager, and Craig Mungas, Esq., King County Superior Court - appointed
receiver, and from reviews of documents, including the Ecology stormwater inspection report
(dated July 28, 2023) for a May 10, 2023 ISGP inspection and direct EPA September 25, 2023
ISGP inspection observations).
I. Facility Information
Facility Name:Building Busters, Inc., d / b / a Contractors Concrete
Recycling and Monster Auto Wrecking, Inc.
Facility Operator:Building Busters, Inc., d / b / a Contractors Concrete
Recycling and Monster Auto Wrecking, Inc.
Physical Address:13001 Martin Luther King Jr. Way South
Seattle, WA 98178
Lat / Long:47.485965, -122.257040
Mailing Address:13001 Martin Luther King Jr. Way South
Seattle, WA 98178
Facility Contacts:Joseph B. Anderson, Facility operations manager
(office) (206) 772-6837
(mobile) ((b) (6)
(b) (6)
Permit Number:WAR002153
NAICS Code:423930 Recyclable Material Merchants Wholesalers
SIC Code:5093-Scrap & Waste Materials; 5015-Used Motor
Vehicle Parts
Facility Size:18 acres (June 2019 Request for ISGP Coverage)
Receiving Water:Duwamish River TM Puget Sound
II. Inspection Information
Inspection Date:September 25, 2023
Inspector:Rick Cool EPA
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Arrival Time:8:15 AM
Building Busters, Inc. - Seattle
ISGP # WAR002153
Departure Time:Approximately 1:00 PM
Weather:Cloudy and rain
NPDES Purpose:To evaluate compliance with the requirements of the State
of Washington Department of Ecology's National Pollutant
Discharge Elimination System - Industrial Stormwater
General Permit and the Clean Water Act (CWA).
III. Permit Information & Ecology May 2023 ISGP Inspection
Building Busters, Inc., d / b / a Contractors Concrete Recycling and Monster Auto Wrecking, Inc.
(all jointly referred to herein as " CCR "), operates a scrap, waste and recyclable material storage
and processing facility (herein, " CCR Facility " or " Facility "). The CCR Facility is permitted
under the State of Washington Department of Ecology's (Ecology) National Pollutant Discharge
Elimination System (NPDES) - Industrial Stormwater General Permit (ISGP). The
NPDES / ISGP tracking number assigned to the CCR Facility is WAR002153.
The current version of Ecology's ISGP became effective on January 1, 2020 and it is set to
expire on December 31, 2024.
CCR submitted an ISGP Request - for - Coverage (renewal) to Ecology on June 26, 2019
(Application ID: 24160; June 26, 2019). By letter dated December 30, 2019, Ecology issued
renewed ISGP coverage to CCR, effective January 1, 2020.
Ecology conducted an unannounced ISGP stormwater compliance inspection of the CCR Facility
on May 10, 2023. Ecology finalized and issued its inspection report (IR) in July 2023 (signed by
Ecology inspector on July 28, 2023) which will be referred to herein as the " Ecology 2023 IR. "
IV. Background
EPA Compliance Order & Current Facility Operations.
In April 2015, the CCR respondents and EPA entered into a compliance order on consent
(COOC) covering the CCR Facility. The primary purpose of the 2015 COOC was to address
alleged CCR respondents'violations of their prior ISGP coverages under the Ecology 2010 and
2015 ISGPs for the CCR Facility, which COOC corrective actions included the design,
installation, operation and maintenance of a Level 3 Treatment BMP approved by Ecology.
Prior to and during the 2014-2015 time period during EPA / CCR settlement negotiations on the
COOC, the CCR Facility was primarily engaged in concrete recycling (e.g., crushing and sales of
processed concrete), scrap metal recycling and some MAW-based auto salvaging.
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Building Busters, Inc. - Seattle
ISGP # WAR002153
In the 2014 to current times, CCR and King County have worked to wind down Facility concrete
recycling and crushing / processing operations apparently as means to resolve county code issues
related to property uses and with potential goal of property sale in the near future.
During the September 2023 inspection, Facility representatives confirmed that all concrete
recycling, including the concrete crushing and processing operations, have ceased as of May
2023.
Accordingly, as of the time of the EPA September 2023 ISGP inspection, the Superior Court-
appointed receiver indicated the CCR Facility's primary industrial activities are equipment sales
(e.g., tanks, construction equipment, etc.), scrapping (e.g., metal recycling, material recycling
and re - use sales) and some equipment repairs for equipment re - sale.
Court Receivership Proceeding & Current Status.
An EPA June 14, 2013 inspection report regarding the CCR Facility indicates that several
property parcels and business entities owned by Joseph B. Anderson are subject to a state law-
based receivership proceeding (King County Superior Court File No. 02-2-07034-5 KNT) and
that in 2006, the King County Superior Court appointed a general receiver (i.e., Mr. Craig
Mungas) for various Anderson properties and business entities operating and located in the entire
CCR Facility.
On information and belief, the 2006 court order gave the receiver possession and control of some
specifically identified properties and various business operations at the CCR Facility location
(but apparently not the Monster Auto Wrecking (MAW) business or associated MAW land
parcel). On information and belief, the receiver subsequently hired Mr. Anderson as the
operations manager of the CCR Facility and hired separate private environmental consulting
firm(s) to conduct various ISGP functions (e.g., SWPPP drafting, monthly inspections,
stormwater sampling, design of Level 3 treatment BMP, other compliance assistance etc.).
During the September 2023 inspection, the CCR Facility receiver provided this EPA inspector a
copy of a September 18, 2023 Status Report that the receiver and King County filed with the
King County Superior Court overseeing the receivership proceeding. The Status Report stated
that site operations have been focused on selling and scrapping equipment, which has been done
primarily to pay the costs and expenses to preserve the receivership estate; property taxes being
the apparently largest primary estate expense.
The September 18, 2023 Status Report states that King County DLS (I believe that acronym
stands for Department of Local Services, Permitting / Code Enforcement Division) and the
receiver are in the process of working to abate code violations for the current operations on the
property covered by the receivership, and that the receiver has contacted third parties to assist in
removing, selling, and scraping the equipment and items on the site. The Status Report states,
based upon representations from these third parties, the receiver originally estimated the
materials on the site would be removed by December 1, 2023, but, due to a more depressed
metals market, this process has not proceeded as quickly as previously hoped. The Status Report
states the receiver now estimates that the materials can be removed by April 30, 2024.
The September 18, 2023 Status Report indicates that King County DLS is conducting monthly
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Building Busters, Inc. - Seattle
ISGP # WAR002153
inspections to monitor this [wind - down] process, with the understanding that all materials
currently on the site are previously held receivership assets in the process of being liquidated.
The Status Report also states no new or additional materials are being brought onto the site.
The September 18, 2023 Status Report also notes the receiver first listed the receivership - related
property for sale in 2008, and since that time, the receiver has received only four offers, all of
which were far below the listing price. The Status Report stated every one of the four offers has
had a prolonged feasibility clause (extending in some instances up to one year), and every
potential purchaser had eventually declined to purchase the property after conducting their
feasibility analysis.
The September 18, 2023 Status Report stated the receivership - related property is currently listed
with a commercial real estate brokerage company (i.e., Kidder Matthews), and recently, the
receiver received an offer from a party that is looking to purchase the property, and ultimately
redevelop the site for multi - family use. The Status Report indicated details of the offer have not
been finalized, primarily because the potential buyer needs some additional information on the
timeframe to wind up the receivership activities on the property.
Finally, the September 18, 2023 Status Report stated if the property in fact is able to move
forward with a contract, the potential buyer can begin its due diligence process, and if mutual
acceptance on the terms of the sale is reached, the receiver will notify King County DLS and the
Superior Court, and seek approval for the sale as provided in state receivership law.
Also, during the September 25 inspection, the receiver provided a copy of a King County
Department of Natural Resources and Parks (Water and Land Resources Division, Stormwater
Services Section) January 12, 2023 corrective action letter regarding that department's
September 12, 2022 inspection of the CCR Facility. Cited deficiencies included improper
storage of liquid storage containers, inadequate solid waste storage, issues of catch basin
maintenance and matters related to the concrete recycling activities.
Stormwater Pollution Prevention Plan (SWPPP) History.
The EPA June 14, 2013 inspection report covered two EPA-lead ISGP inspections of the CCR
Facility both conducted in April 2013. During those inspections and according to the EPA
inspection report, CCR had an initial June 2010 SWPPP (updated December 2010).
After EPA initiated a formal enforcement action after the 2013 EPA inspections, CCR submitted
a revised, updated July 2014 SWPPP that included a new July 2014 spill plan. On July 30, 2014,
EPA notified CCR of deficiencies (e.g., areas of concern) regarding the July 2014 SWPPP and
spill plan. The July 2014 updated SWPPP included a signed CCR management approval, signed
by Joseph B. Anderson, dated July 2, 2014.
In accord with the 2015 COOC Paragraph 3.2.1, the CCR respondents agreed to submit a
revised, updated July 2014 SWPPP (i.e., the SWPPP created June 2010; updated July 2014).
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ISGP # WAR002153
Accordingly, the CCR respondents submitted an updated 2015 SWPPP (i.e., the SWPPP created
June 2010; updated March 2015) to EPA via Blue Environmental's April 8, 2015 email. The
March 2015 SWPPP submission included a separate, signed CCR management approval, signed
by Joseph B. Anderson, dated April 8, 2015.
As an aside, in addition to submitting the revised, updated March 2015 SWPPP, CCR (via Blue
Environmental's April 8, 2015 email) also submitted to EPA a copy of their Ecology ISGP
Discharge / Sample Point Update Form to be submitted by CCR to Ecology to remove the
following three catch basins (CBs) as unnecessary sampling or monitoring points: CB03, CB05
and CB11. These changes in sampling / monitoring points were due, in part, to the ongoing CCR
revisions being planned and made to the CCR Facility's stormwater conveyance and treatment
systems to incorporate a new Level 3 Treatment BMP that was being designed and planned for
by Lean Environmental during the late 2014 and early 2015 time period.
The March 2015 SWPPP, Sections 21 and 22, acknowledged the approximate September 2014
installation and initiation of operation of the Lean Environmental - designed Level 3 Treatment
BMP at the CCR Facility. The SWPPP, Section 22, noted that Ecology had approved the
Treatment BMP's Engineering Report and that an O & M Plan for the Treatment System had been
prepared and submitted to Ecology and is incorporated into the SWPPP by reference (italics
added for emphasis).
As of September 25, 2023, and on information and belief, the 2015 SWPPP is still apparently the
most current CCR Facility SWPPP in use. This 2015 SWPPP was used and reviewed by the
EPA inspector for conducting the September 25, 2023 ISGP inspection and preparing this
follow - up inspection report.
Level 3 Treatment BMP & Treatment BMP O & M Manual.
On June 13, 2014, Lean Environmental, on behalf of CCR, submitted a draft Level 3 stormwater
engineering report (dated June 14, 2014) to Ecology (Attn: Ed Abassi, PE) for review and
approval for the installation of a Level 3 Treatment BMP as described, in summary, below:
The stormwater treatment system is placed at the base of the hill and the water to be
treated is transported to a 12,000 gallon equalization tank followed by a 20,000 gallon
treatment tank. The water undergoes recirculating electrocoagulation, followed by
sedimentation and sand filtration. The treated water is discharged downstream of the
existing pond / swale system.
The Lean Environmental engineering report was more than just a proposal for Level 3 Treatment
BMP; the report included numerous Level 1 operational BMPs and Level 2 structural source
BMPs that work, in concert, with the Level 3 Treatment BMP, as a holistic, comprehensive
approach in an effort to ensure the CCR Facility stormwater was being separated from any
conveyance directly under King County's conveyance controls.
The initial June 14, 2014 draft engineering report was updated and Lean Environment sent
updated report revisions to Ecology's Ed Abassi, reviewing PE (see, e.g., Ecology's July 17,
2014 approval letter referring to receipt of multiple engineering report editions).
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ISGP # WAR002153
Additionally, Lean Environmental sent Ecology (Ed Abassi, PE) an email, dated July 7. 2014
with an attachment captioned " CCR FIG 6A.pdf. " The attachment is a CCR collection system
block diagram captioned " Contractors Concrete Recycling Stormwater Block Diagram " (date:
July 7, 2014). The Lean Environmental / Michael Johnson email notes the 36 " diameter King
County stormwater conveyance pipe is segregated from the CCR stormwater, in part, by two
diversion berms along Martin Luther King Way, and by closing a handful of catch basins located
on - site. The email indicates the diagram's shaded catch basins are those that are on - site but
closed, and that new catch basins to be installed in accord with the CCR Level 3 Treatment BMP
engineering report are denoted by a letter (A or B) in the legend.
The Lean Environmental / Michael Johnson July 7, 2014 email also notes each tributary area is
noted on the attached block diagram. The email also cautioned that the CCR lower yard is
shown in the block diagram, but will only be addressed as part of a future Phase II treatment
plan; i.e., the lower yard's catch basins were not currently proposed to be connected to the Level
3 Treatment BMP system. The email noted there is conflicting information in the lower yard
concerning Catch Basin 20 (CB20) from King County dye tests and that a detailed investigation
will be conducted as part of a future Phase II of the treatment system.
A copy of the July 7, 2014 Block Diagram (Figure 6) is included with this EPA ISGP inspection
report as Attachment B. This EPA ISGP inspection report also includes additional background
information regarding the CCR Facility's lower yard catch basin (CB) segment, CB20 - CB - 21-
CB22, below.
By a July 17, 2014 email from Ecology (Ed Abassi, PE) to Lean Environmental, Ecology
submitted an approval letter (stamped July 17, 2014) for the Lean Environmental Level 3
Treatment BMP engineering report; the Ecology approval letter was signed by the Ecology WQ
section manager, Ecology NWRO.
By an August 19, 2014 email from Lean Environmental (via Michael Johnson) to EPA, Lean
Environmental apprised EPA that the Level 3 stormwater treatment Operations and Maintenance
(O & M) Manual was submitted to Mr. Ed Abbasi, Ecology, on August 15, 2014 in conformance
to the schedule published in the Lean Environmental engineering report. Mr. Johnson noted the
O & M manual is considered a working document, and will be updated with photographs
referencing procedures as the Level 3 treatment system is constructed and becomes operational.
By a November 26, 2014 email, Lean Environmental reported to EPA that the Level 3 Treatment
BMP was fully operational and performing as designed.
By letter dated March 13, 2015 to EPA, Lean Environmental submitted its certificate of
completion, indicating that based on a series of inspections and observations performed by
Michael Johnson and other Lean Environment personnel and accompanied by CCR Facility
representatives, the Level 3 stormwater treatment system installed and operated by Building
Busters Inc, d / b / a Contractors Concrete Recycling and Monster Auto Wrecking, has been
installed in conformance with the Engineering Report submitted to and approved by the
Washington State Department of Ecology. The Lean Environmental letter also stated
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preliminary data indicate that the system is operational and capable of meeting benchmarks of
the ISGP and that any deviations from the original design are minor and have no effect on the
operational efficacy of the system. Via this March 13, 2015 letter, Mr. Johnson certified that the
system is complete and operational in conformance with the State of Washington Stormwater
General Permit (Number WAR002153) and the Federal Clean Water Act and he indicated the
Operations and Maintenance Manual is complete and will be submitted under separate cover.
By a March 13, 2015 email from Lean Environmental (via Michael Johnson) to EPA, Lean
Environmental also submitted a revised copy of the Treatment System's O & M Manual
(captioned CCR OM V2.2.pdf) (referred to herein as " 2015 O & M Manual "). Note, this 2015
O & M Manual's cover sheet reads " March 12, 2014 " which appears to be a drafting mistake / error
in light of the conveying email's date of March 13, 2015 and that each of the Manual's pages
have a footer noting a date of August 2014 and the Manual itself includes numerous colored
photographs of the currently operating treatment system's installed equipment that is consistent
with Lean Environmental's August 19, 2014 email indicating a revised O & M Manual (to be
submitted) would include photographs cross - referencing the Manual's procedural narrative.
For purposes of EPA's September 25, 2023 ISGP inspection and on information and belief, the
2015 O & M Manual appears to be the most current treatment system O & M Manual in existence
and use, and it is considered a formal and integral part of the CCR's 2015 SWPPP as being
incorporated by reference into the 2015 SWPPP as identified and discussed previously above.
CCR Facility Lower Yard Catch Basin (CB) Segment CB20 - CB21 - - CB22.
The CCR Facility's Level 3 Treatment BMP 2014 engineering report(s) included two phases:
Phase I covered five Facility areas'stormwater collected and conveyed to the proposed treatment
system and a prospective Phase II, future determinations regarding stormwater disposal from the
Facility's lower yard. The 2014 engineering report(s) include the following element as part of
the overall stormwater assessment: " Evaluate the Lower Yard portions of the site for need for
treatment and / or inclusion in Phase II treatment under the ISWGP. "
At the time of the development of the 2014 engineering reports, it was generally understood that
the Lower Yard's CB segment, CB17 - CB18 - CB19, conveyed stormwater to the three man - made
pond / basin system located on the north end of the lower yard. The 2014 engineering report(s)
noted the three ponds provide a measure of detention and sedimentation for the existing flow
from the lower storage area (about 4 acres). The 2014 engineering report(s) noted the ponds
appear to operate in series, with an outfall to the ditch on the north side of Beacon Coal Mine
Road that has been upgraded to act as a bio - swale. The report(s) indicated a 24 " culvert carries
flow to an outfall on the south side of the road, where it eventually joins the flow from the King
County's 36 " pipe (a / k / a Skyway outfall) and the flows end up in the nearby river.
It was also generally understood that the Lower Yard's CB segment, CB20 - CB21 - CB22,
diverted collected water from CB20 to a non - specific, not well defined (physically) discharge
location in or near a spring that existed in the east - side road ditch embankment along Beacon
Coal Mine Road.
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Since this EPA inspector's involvement in CCR Facility compliance matters, there has been a
lack of clarity on exactly what types of flows were historically occuring from this Lower Yard's
CB segment, CB20 - CB21 - CB22 (herein, " CB20 Segment "). CCR Facility representatives (e.g.,
Mr. Anderson) often asserted an old, closed coal mine spring flow was being captured by the
CB20 Segment and conveyed to the ditch next to Beacon Coal Mine Road.
Blue Environmental encountered difficulties in locating a specific, representative discharge point
from the CB20 Segment. In a February 16, 2015 Blue Environmental email to EPA, the
consultant noted he could not locate a specific outfall from the hillside directly east of the catch
basin [CB20] discharging to the ditch along Beacon Cole Mine Road, and that without flowing
water to sample [from the CB20 Segment], stormwater samples were collected from the ditch at
the base of the hillside [coming from the direction of the CB20 Segment] along Beacon Coal
Mine Road. In terms of assessing compliance for the CB20 Segment, the consultant noted it was
difficult to get a representative sample without a pipe to sample flowing water from, and
consequently, difficult to show [ISGP] compliance with the lab results.
Once the CCR Facility's Level 3 Treatment BMP system was operational, CCR sampled three
monitoring points for DMR reporting purposes while CCR assessed what exactly to do with the
CB20 Segment. The CCR's three monitoring / sampling points were: (1) Monitoring Point # 1
(MP-1) - the lower yard's three man - made pond / basin system; (2) Outfall A - - the Level 3
treatment system; and (3) CB20 Segment.
The COOC, Part 3.5.1, required in part that sampling for the CB20 Segment must occur prior to
any commingling with the alleged mine spring, but it was still generally understood that even
into late 2015 through 2017, representative sampling of the CB20 Segment was difficult because
of the lack of a distinctive well defined physically point source (e.g., like a discharge pipe) to get
a representative sample and that samples taken from the road ditch might be influenced by road
run - off, and / or ditch flows disturbing ditch soils affecting sample results.
On January 3, 2018, Blue Environmental reported to EPA the catch basins leading to CB20 had
been sealed and that CCR would get the paperwork started to remove the CB20 sample point
from ISGP coverage. In response to EPA inspector questions about the ultimate discharge
location for the lower yard area served by the CB20 Segment, on February 27, 2018, Blue
Environmental reported to EPA that CCR staff (i.e., J.R. Thatcher) notified Blue Environmental
that CBs 20-22 were plugged and the [CB20 Segment] area was graded to flow to the lower
yard's three man - made ponds / basins.
Subsequent to these January - February 2018 reports, CCR submitted an ISGP Discharge / Sample
Point Update Form to Ecology to remove CB20 as a monitoring or sampling point. PARIS
documentation appears to indicate the CCR CB20 deletion request was submitted in
approximately mid - May, 2018.
This EPA ISGP inspection report's Areas - of - Concerns specifically identify the lack of
submission to Ecology's PARIS system of CCR Facility DMRs for Q4 2018 and Q1-Q4 2019,
so EPA has no current information when CCR officially ceased sampling and reporting any
results for the previous CB20 sampling point. However, the available DMR records indicate that
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ISGP # WAR002153
as of about Q1 2020, CB20 was identified on the CCR Facility DMRs as a point that did not
require monitoring (i.e., DMR code designation " M ").
CCR Facility Catch Basin 10B (CB10B).
The Ecology 2023 IR's Photo 25 (p. 15 of 15) includes the following description: " Unknown
catch basin leading to the treatment system. "
On information and belief, the alleged " unknown " catch basin depicted in Ecology's Photo 25 is
actually the CB10B that is identified in CCR Facility Level 3 Treatment BMP engineering
report(s) and also identified in the Lean Environmental July 7, 2014 Block Diagram, as the
receiving CB for the road collection trench. See Attachment B of this EPA ISGP inspection
report.
The CB10B location area depiction is consistent with an attachment Figure 4 (" CCR FIG 4A
V4.pdf ") sent by Lean Environmental (Michael Johnson) to EPA on December 15, 2014 that is
captioned " Contractors Concrete Recycling Modified Stomrwaer [sic] Conveyance System "
(Dated: June 12, 2014; Revised June 26, 2014). The Figure 4 indicates that a perforated
collection trench would be installed along the gravel road and flow into a newly installed CB10B
in the approximate location which I observed during the September 25, 2023 inspection. See
Attachment C of this EPA ISGP inspection report.
The Lean Environmental engineering report(s) indicate that CCR Facility center and lower slope
areas drain down the hill, and any resulting surface runoff waters are intercepted at and by the
gravel road (i.e., the road from the upper yard to the lower yard) and will be transferred to the
Level 3 treatment system by a trench drain to catch basin CB10B. This gravel road was the
primary, internal on - site access road between the lower yard and up slope facility areas like
MAW and the upper yard.
The Lean Environmental (Michael Johnson) March 6, 2015 email to EPA indicated the Type 2
catch basin at the base of the access road (CB10B) was not constructed, so the surface
conveyance (ditch) on the uphill side of the access road is not being collected for treatment and
that the stormwater conveyance pipeline from wrecking yard area to the treatment system is
hard - piped the entire way to the treatment system equalization tank. The Lean Environmental
email also indicated there is no technical reason why this flow should be diverted when CB10B
is constructed and that consequently, CB10B will be added to collect the surface water flow from
the [access gravel] road ditch and transfer it to the equalization tank directly for treatment.
The Lean Environmental (Michael Johnson) March 13, 2015 email to EPA was submitted as
confirmation of a couple of final tasks being completed to ensure conformance to the
Ecology - approved engineering report. The email included a photo apparently depicting the Type
II catch basin having been installed on the CCR Facility lower gravel access road and the
captured effluent transferred to the main equalization treatment tank by 8 " diameter conveyance.
The email stated that Mr. Johnson was present during the Type II catch basin installation and he
affirmed it is in conformance with the engineering report.
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During the September 25 inspection, this EPA inspector walked the entire lower gravel, access
road and observed the existing CB10B, which appeared consistent with the catch basin depicted
in the Johnson photo referred to in the March 13, 2015 Lean Environmental email. Additionally,
the stormwater conveyance piping from the CCR Facility upper yard and from CB10B were
observed entering the treatment system's equalization tank (Photo 6).
V. Inspection Chronology
The CCR Facility inspection was an announced NPDES / ISGP inspection. I sent a Friday,
September 8, 2023 email to Mr. Anderson and Mr. Mungas announcing the Monday, September
25, 2023 ISGP inspection. Mr. Mungas confirmed receipt of my notification email in his
Monday, September 11 email, indicating he would participate in the September 25 inspection.
I also offered the Ecology Duwamish Lead Stormwater Inspector an opportunity to participate
and shadow me during this ISGP inspection but received an email on Friday, September 22
indicating she would not be able to attend the EPA inspection. This Ecology inspector was one
of two Ecology inspectors that conducted the May 10, 2023 Ecology ISGP inspection of the
CCR Facility and she authored the Ecology's July 28, 2023 inspection report.
On Monday, September 25, I arrived at the CCR Facility about 8:15 a.m. and proceeded to the
main office building. I joined Mr. Anderson and Mr. Mungas in Mr. Anderson's office and
started the ISGP inspection's opening conference after an exchange of initial greetings.
During the opening conference, I presented my EPA-issued inspector credentials to the two CCR
Facility representatives and provided them a copy of an EPA Small Business Resources
Information Sheet. I discussed the purpose and scope of the ISGP inspection, and gave an
overview of the four - part inspection process I use for ISGP / NPDES inspections (e.g., opening
conference, document review, site walk - through and closing conference).
After completing the opening conference which included a question - and - answer (Q & A) session
about CCR Facility industrial activities and stormwater infrastructure operations, we conducted a
brief discussion of any available ISGP and SWPPP - related documents for review, and then
conducted a walk - through of the CCR Facility with Mr. Mungas.
As we walked through the CCR Facility, I shared my observations and identified and discussed
some general, initial preliminary areas of concern and compliance assistance suggestions with
Mr. Mungas, as applicable. At the completion of the walk - through, I conducted a closing
conference with Mr. Anderson and Mr. Mungas noting the walk - through observations and areas
of concern were preliminary in nature and subject to supplementation and revision.
I was accompanied throughout the entire ISGP inspection by at least one CCR Facility
representative at all times (i.e., Mr. Mungas), and I was not denied access to any portion of the
CCR Facility. I did not observe any ongoing off - site stormwater discharges from the CCR
Facility's Level 3 treatment system or the lower yard pond system during this inspection but I
did observe on - site stormwater discharges to several Facility located catch basins, and off - site
discharges along the MLK highway shoulder on the norther perimeter of the CCR Facility,
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toward the southern one - third of the Facility near the old gas station (discussed in areas - of-
concern below).
VI. Opening Conference
The CCR Facility now employs five full time employees, with another approximate five
employees part - time and periodically conducting red brick recycling. Typical CCR Facility
operating hours are 5:00 a.m. to 5:00 p.m.
Concrete recycling and processing (e.g., crushing, etc.) operations have ceased, which results in
fewer full time employees compared to past regulatory inspection situations, which historically
focused attention on the concrete recycling effects and implications for stormwater
contamination.
The CCR Facility's primary industrial activities now are equipment and vehicle storage and
sales, scrapping (metal recycling, material recycling, etc.) and some equipment / vehicle repairs
for equipment and vehicle re - sale purposes. The Monster Auto Wrecking area is not operational
in terms of any active vehicle maintenance or vehicle dismantling or recycling activities, and the
area is only used for storage (e.g., used tires, some vehicles, scrap).
Mr. Mungas described the recent CCR Facility property sales efforts and current status, and the
routine interactions between CCR and King County, including almost monthly King County
code compliance inspections. Mr. Mungas shared a copy of a September 18, 2023 status report
that was filed with the King County Superior Court, which report content was summarized in this
EPA inspection report's background section above.
S
The opening conference included a question - and - answer session about the CCR Facility's
industrial activities, Facility stormwater infrastructure, stormwater BMP O & M activities and
overall ISGP implementation.
Puget Construction Services had recently (September 20, 2023) cleaned out CCR Facility catch
basins and replaced catch basin filtration socks. In light of the elimination of the concrete
recycling and processing operations, sweeping of the upper yard is only conducted on an as
needed basis.
Mr. Anderson indicated he had a recent call / inquiry into Lean Environmental to discuss Level 3
treatment system servicing but he was not able to explain exactly when, if ever, CCR had
replaced any of the eight electrocoagulation (EC) reactors in the treatment system's
sedimentation / treatment tank. Mr. Anderson indicated that periodic checks are made of the
treatment system's three tanks to determine whether sludge or sediment accumulations need to
be removed via vac truck.
Mr. Anderson also discussed the need to update employee training on the Level 3 treatment
system operations, and the availability of completed documentation of periodic Level 3 treatment
system inspections (based on the O & M Manual inspection checklists) and annual SWPPP
training was lacking.
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VII. File Review
Building Busters, Inc. - Seattle
ISGP # WAR002153
The various records and documents reviewed as part of this ISGP inspection include, but are not
limited to, the following list below. For example, some CCR Facility - related documents (e.g.,
CCR request - for - coverage, Ecology coverage letter, DMRs, etc.) were uploaded from the
Ecology PARIS database. CCR's environmental consultant(s) also provided a number of
documents (e.g., monthly SWPPP - related inspection reports, some DMRs, etc.) for my pre-
inspection review. Additionally, some other documents reviewed as part of both pre and post
inspection work are cited in other parts of this EPA inspection report.
Washington State Department of Ecology's NPDES / Industrial Stormwater General
Permit (Issuance Date: November 20, 2019; Effective Date: January 1, 2020).
CCR's June 26, 2019 Request - for - Coverage submitted to Ecology.
Ecology's December 30, 2019 letter granting the ISGP coverage effective January 1,
2020.
CCR's March 2015 SWPPP and completed / signed SWPPP management approval form.
Available CCR-provided and Ecology - PARIS downloaded DMR submissions for Q1
2017 through Q3 2023 (note: Area - of - Concern identifies missing DMRs).
Available monthly SWPPP - based stormwater inspection reports for January 2018
through May 2023 (note: Area - of - Concern identifies missing monthly inspection reports).
* Facility's ISGP - based annual reports (ARs) for 2015-2022 (note: 2018 AR is missing).
Lean Environmental Level 3 Treatment System O & M Manual (March 2015 ed.) (" 2015
O & M Manual ").
Lean Environmental Level 3 Treatment BMP engineering reports (2014).
VIII. CCR Facility Walk - Through
Accompanied by Mr. Mungas, we began the CCR Facility walk - through heading south along the
northern tanks, vehicle parking and equipment storage areas toward the old gas station areas.
Large numbers of uncovered treated wooden beams / timbers were observed among the stored
equipment and numerous scrap metal accumulations.
For context, one of the primary, integral structural BMPs needed as part of the comprehensive
CCR Facility's Level 3 treatment BMP was the installation of an approximate 2 " -3 " diversion
berm structure to separate and prevent CCR Facility stormwater runoff from leaving the site and
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flowing into the Skyway conveyance system's CB5-CB8 segment that exists along the
highway's west side shoulder.
Photos 1-3 depict areas where the diversion berm structure has been destroyed or has become so
damaged as to be ineffective in preventing CCR Facility stormwater runoff off - site. The
observed run - off contained oil sheen as evidenced by absorbents that had been deployed at
several locations along the MLK highway shoulder to address the oil contaminated runoff.
We walked around the old gas station, observing numerous vehicles, trailers and other
construction equipment in various stages of repair, dismantling, etc. We walked down the hill
into the Monster Auto Wrecking (MAW) area (Photo 4) where I observed a pile of scrapped
tires. The area appeared to have been recently graded and some of the accumulated rain in the
tracks created by the grading equipment showed significant signs of oil sheen in many locations
along the travel route. Catch basins in the MAW area appeared to have relatively newly installed
filter socks.
We then walked the entire gravel road (a / k / a access road) from the MAW area down to the lower
yard, observing the gravel road had severe rill and gully erosion directed down the gravel
roadbed carrying and depositing sand, dirt, gravel, etc. as the flows appeared directed toward
CB10B near the lower yard area. We walked the lower yard observing significant numbers of
vehicles, trailers, tanks, (Photo 5) and large amounts of construction materials and uncovered
treated lumber / timbers.
I observed oil - sheen stained water deposits and oil - sheen stained wet soils along the gravel road
and in the lower yard.
We observed the Level 3 treatment system tanks and associated piping (Photos 6-9) and the
system's discharge pipe to the CB23 (Photo 10). The lower yard's three man - made pond / basin
area was not accessible due to blackberry bushes and other vegetation overgrowth obstructions
so I was not able to search for the pond / basin system's discharge / monitoring point.
We then walked back up the gravel road, observing again the CB10B and its piping to the
treatment system's equalization tank, and headed to the main office building for the closing
conference.
IX. Areas of Concern
Observations, document reviews, discussions and other applicable information results in the
identification of the following areas of concern:
A.
Failure to Immediately Clean Up Oil - Contaminated Spills and Leaks
ISGP S3.B.4.b.i.3.d. provides the Permittee must: " Clean up spills and leaks immediately
(e.g., using absorbents, vacuuming, etc.) to prevent the discharge of pollutants. "
For CCR Facility orientation, the Level 3 Treatment BMP designed and installed in 2014
included both Level 1 operational BMPs and Level 2 structural source BMPs as a
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comprehensive treatment system package. The Level 2 structural source BMPs included
the installation of 2 " -3 " diversion berms along the northeast portion of the CCR Facility
(i.e., near the office building and primary / main Facility entrance off of MLK highway)
and along the southeast portion of the CCR Facility (i.e., along the gas station area's
MLK highway shoulder) to separate and segregate CCR Facility generated stormwater
sheet flow run - off from getting into the King County Skyway stormwater conveyance
system. These Level 2 structural diversion berms also prevented off - site sheet flow of
any contaminated stormwater from CCR Facility equipment, vehicle and material storage
areas, diverting those flows to catch basins connected to the new CCR treatment system.
These diversion berms along the CCR Facility / MLK highway border are depicted in
Attachment C to this EPA inspection report, and the southern diversion berms are the
primary structural source BMP addressed in the Areas - of - Concern A. and B here.
On September 25, 2023, there was no apparent CCR sense of urgency to immediately
mitigate and clean up ongoing oil - containing spills and leaks that were resulting in off-
site oil - contaminated discharges (discharge of oil as evidence by oil sheen in off - site
stormwater sheet flow).
I observed oil - sheen contaminated stormwater discharges (sheet flow) going off - Facility
into the MLK highway shoulder (right - of - way) and draining to the King County Skyway
stormwater conveyance system in that portion of the CCR Facility near the old gas station
(Photos 1-3). This off - site oil - contaminated sheet flow was the result, in part, of the
CCR Facility's failure to routinely inspect and conduct preventative maintenance to
ensure the required diversion berms along the CCR Facility / MLK highway border were
adequately and mechanically sound and capable of diverting off - site flows.
Absorbents had been deployed but there was no apparent CCR ongoing, immediate effort
to locate and mitigate the source(s) of the oil contamination and to implement means to
stop the off - site sheet flows and divert the contaminated flows back onto the CCR
Facility. Additionally, there were no CCR employees in the immediate area conducting
any type of ongoing clean - up effort or investigating the source(s) of the oil spills and
leaks contaminating the stormwater runoff (e.g., removing and replacing soaked
absorbents, attempting to divert off - Facility contaminated stormwater discharges back
into the CCR Facility, no apparent CCR investigation of oil spill / leaking sources).
B.
Lack of Adequate Preventative Maintenance of Diversion Berms
Preventative Maintenance. ISGP S3.B.4.b.i.3 and S3.B.4.b.i.3.b provide in relevant part
as follows: " Preventative Maintenance: The SWPPP shall include BMPs to inspect and
maintain the stormwater drainage, source controls, treatment systems (if any), and plant
equipment and systems that could fail and result in contamination of stormwater. The
SWPPP shall include the schedule / frequency for completing each maintenance task.
The Permittee must:
b) Maintain ponds, tanks / vaults, catch basins, swales, filters, oil / water separators,
drains, and other stormwater drainage / treatment facilities in accordance with the
maintenance standards set forth in the applicable Stormwater Management Manual,
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other guidance documents or manuals approved in accordance with S3.A.3.c,
demonstrably equivalent BMPs per S3.A.3.d, or an O & M Manual submitted to
Ecology in accordance with S8.D.... " (italics added for emphasis)
Structural Source Control BMPs. ISGP S3B.4.b.ii.a. requires: " Permittee shall: Use
grading, berming, or curbing to prevent runoff of contaminated flows and divert run - on
away from these areas. "
The CCR Facility 2015 SWPPP, Section 20, Minimum BMP Identification, includes this
mandatory " grading, berming, or curbing " BMP... see 2015 SWPPP, pdf p. 27 of 45.
The CCR Facility 2015 SWPPP, Section 22, BMP Implementation, also incorporates by
reference, the implementation of the Level 3 Treatment System O & M Manual... see
2015 O & M Manual, pdf p. 35 of 45.
The CCR Facility's 2015 O & M Manual (p. 19 of 28) also specifies the following O & M
requirement: " 7. Diversion berms must be inspected periodically (monthly) to ensure
they are mechanically sound and capable of diverting off - site flows. "
The 2015 O & M Manual, Part 10, Maintenance Schedule, notes that the entire stormwater
treatment system requires periodic maintenance and this Part 10 included a Table D
Monthly Stormwater System Inspection Checklist that required monthly inspection of the
diversion berms, and a determination of the berms mechanical soundness and structural
integrity to maintain the capability to divert off - site flows. See 2015 O & M Manual, p. 20
of 23.
I observed areas of missing or severely damaged diversion berms segments in the CCR
Facility area of the old gas station (see e.g., Photos 1-3) bordering the MLK roadway and
road shoulder; i.e., diversion berms that were deemed in the CCR Facility engineering
report(s) (2014) to be integral to the CCR Facility Level 3 Treatment BMP operations,
and are now, as of the September 25 observations, ineffective and not capable of
diverting and preventing the oil contaminated off - site flows observed occuring on
September 25, 2023 during the inspection of the old gas station area.
C.
Inadequate Treatment System Inspections, Maintenance & Documentation
Preventative Maintenance. ISGP S3.B.4.b.i.3 and S3.B.4.b.i.3.b provide in relevant part
as follows: " Preventative Maintenance: The SWPPP shall include BMPs to inspect and
maintain the stormwater drainage, source controls, treatment systems (if any), and plant
equipment and systems that could fail and result in contamination of stormwater. The
SWPPP shall include the schedule / frequency for completing each maintenance task.
The Permittee must:
b) Maintain ponds, tanks / vaults, catch basins, swales, filters, oil / water separators,
drains, and other stormwater drainage / treatment facilities in accordance with the
maintenance standards set forth in the applicable Stormwater Management Manual,
other guidance documents or manuals approved in accordance with S3.A.3.c,
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demonstrably equivalent BMPs per S3.A.3.d, or an O & M Manual submitted to
Ecology in accordance with S8.D.... " (italics added for emphasis)
ISGP S3.B.4.i.6 and ISGP S3.B.4.i.6.b require in relevant part that the SWPPP shall
include documentation of procedures to ensure compliance with permit requirements for
inspections and recordkeeping, and that the SWPPP shall contain a visual inspection
report or checklist that includes all items required in ISGP Condition S7.C. ISGP S7.C.1.
requires in part the Permittee shall record the results of each inspection in an inspection
report or checklist and keep all records on - site, as part of the SWPPP, for Ecology review
and additionally, the Permittee shall ensure each inspection report documents the
observations, verifications and assessments required in ISGP S7.B. ISGP S7.B.6 requires
in relevant part each inspection shall include an assessment of all BMPs being
implemented, noting (a) effectiveness of BMPs inspected, (b) locations of BMPs that
need maintenance and (c) reason maintenance is needed and schedule for maintenance.
ISGP S8.A. requires in part the Permittee to implement any applicable Level 1, 2, or 3
responses required by a previous ISGP and the Permittee shall continue to operate and
maintain any source control or treatment BMPs related to the Level 1, 2, or 3 responses
implemented prior to the effective date of this 2020 ISGP.
ISGP S10.C. provides in relevant part the Permittee shall apply all known and reasonable
methods of prevention, control, and treatment (AKART) and that to comply with this
condition, the Permittee shall prepare and implement an adequate SWPPP with all
applicable and appropriate BMPs, and shall install and maintain the BMPs in accordance
with the SWPPP, applicable SWMMs and the ISGP's terms and conditions.
The CCR Facility 2015 SWPPP, Section 22, BMP Implementation, incorporates by
reference, the implementation of the Level 3 Treatment System O & M Manual... see
2015 O & M Manual, pdf p. 35 of 45.
The 2015 O & M Manual for the CCR's Level 3 Treatment BMP system requires, at least
quarterly, the observation of the operating voltage of the eight (8) Enpurion
electrocoagulation (EC) reactors installed in the treatment tank, and directs the
replacement of some or all of the EC reactors if the voltage is consistently above 50V
with the reactor treatment tank full, or as indicated by qualified engineering support
personnel. See 2015 O & M Manual, p. 11 of 23.
The 2015 O & M Manual, Part 10, Maintenance Schedule, notes that the entire stormwater
treatment system requires periodic maintenance and this Part 10 included a Table D
Monthly Stormwater System Inspection Checklist that the required monthly Treatment
System inspection include the observation of various treatment system operational
parameters (e.g., sand filter pressures, differential pressure ranges, tank levels, etc.). See
2015 O & M Manual, p. 20 of 23.
Additionally, the 2015 O & M Manual, Part 8.0, Record Keeping, dictated a maintenance
logbook shall be maintained describing all maintenance activities, arranged by date and
each entry must include, in relevant part, activities performed, process conditions
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(including approximate flow rate, tank levels and system observations) and
recommendations. (italics added for emphasis).
As background and for context, a November 26, 2014 Lean Environmental email
reported to EPA that the Level 3 Treatment BMP system was fully operational and
performing as designed. A January 27, 2015 Lean Environmental email reported to EPA
the treatment system had been running continually since November 2014-except for
two periods when the system was shut down and drained for a freeze protection protocol
and no precipitation occurred during these shut downs. The email stated the treatment
system was fully stabilized, although the first set of reactors are near end - of - life. The
email also stated: " This is a normal lifespan for these reactors, and the first replacements
will be installed in the next week. We anticipate reactor replacement (four of eight) next
week. " (italics for emphasis).
Additionally, in a March 5, 2015 email exchange between this inspector and Lean
Environmental, I asked about whether the other four reactors were changed out prior to a
February 26, 2015 treatment system sampling event. Lean Environmental March 5, 2015
email replied as follows in relevant part:
" The reactors were changed in two events, one in early February and the second the week before the
[02/26/2015] sampling event. The lifespan of the reactors for this application is approximately three - to-
four months in the wet season, and somewhat longer in the dry season. Annual cost of reactors is about
$ 12,000 or $ 1,000 per month. (CCR is paying a discounted price of $ 500 per reactor.) As the system ages,
the space between " sides " will be spread out such that half of the reactors will be changed every two
months or so. Changes are required when the operational voltage of the reactors increases significantly
relative to the current drawn. " (italics added for emphasis).
During the September 25, 2023 inspection Q & A discussion, Facility representatives
could not recall when, if ever, any of the treatment system EC reactors had been replaced
or changed out.
Facility representatives did not produce for inspection review any completed treatment
system monthly inspection checklists (i.e., the 2015 O & M Manual's Part 10, Table D
Monthly Inspection Checklist) or any O & M Manual - required maintenance logbook.
The CCR Facility's DMRs have shown benchmark exceedances for quarterly sampling of
the CCR treatment system (a / k / a Outfall or Monitoring Point A in the DMR) as noted
below:
Qtr - YrSample DatePollutant BenchmarkTreatment System Outfall A
ValueExceedance Value
Q3 201507/26/15Copper = 14 ug / LCopper 33.9 ug / L
Q1 201601/18/16Copper = 14 ug / LCopper 18.7 ug / L
Q2 201604/24/16Copper = 14 ug / LCopper 15.4 ug / L
Q3 201710/19/17Copper = 14 ug / LCopper 16.4 ug / L
Q1 201801/07/18Copper 14 ug / LCopper = 27.4 ug / L
Q2 201804/04/18Copper 14 ug / LCopper = 28.2 ug / L
Zinc 117 ug / LZinc = 138 ug / L
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Qtr - YrSample DatePollutant BenchmarkTreatment System Outfall A
ValueExceedance Value
No DMRs available in PARIS for Q4 2018; Q1-Q4 2019. Submitted DMRs for Q3-Q4 2020 and
Q1 2021 indicate no sampling was conducted (note: these 3 DMRs did not state no discharge).
Q1 202001/06/20Copper 14 ug / LCopper 17 ug / L
Q2 202005/02/20Copper = 14 ug / LCopper 15.8 ug / L
However, none of the available CCR Facility annual reports even mentioned whether
Facility staff checked the treatment system's operational parameters or equipment to
determine if treatment system issues were a potential contributing cause or factor for any
year in which Outfall A had a benchmark value exceedance.
In summary, the CCR Facility has inadequate Level 3 Treatment BMP system inspection
and maintenance and operational activities and related lack of corroborating and
supporting documentation to demonstrate the Level 3 treatment system is being
inspected, adequate O & M operational parameters are being observed, monitoring and
logged, and that adequate, applicable and required O & M (e.g., tank sludge
measurements, sludge / solids removal, oil presence inspection and removal, EC reactor
replacement and change outs, etc.) are conducted.
D.Failure to Inspect & Sample Three Sedimentation Pond / Basin System
ISGP S7.C.1 requires that each monthly inspection shall include observations made at
stormwater sampling locations and areas where stormwater associated with industrial
activity is discharged off - site; or discharged to waters of the state, or to a storm sewer
system that drains to waters of the state.
ISGP S4.B.2.a provides: The Permittee shall designate sampling location(s) at the
point(s) where it discharges stormwater associated with industrial activity off - site.
ISGP S4.B.1.a. provides the Permittee shall sample the discharges from each designated
location at least once per quarter.
Since long before the 2014 Level 3 Treatment BMP design work, the CCR Facility used
and continues to use a three man - made sedimentation pond / basin / swale system located
on the north portion of the CCR Facility lower yard, to the north of the 2014-installed
Level 3 Treatment System.
The Lean Environmental Level 3 Treatment BMP engineering report (June 27, 2014), p.
10 of 28 describes this three man - made sedimentation pond / basin system as follows:
" The three ponds provide a measure of detention and sedimentation for the existing flow from the
lower storage area. They appear to operate in series, with an outfall to the ditch on the north side
of Beacon Coal Mine Road that has been upgraded to act as a bio - swale. "
Historically, subject to check, this three - pond / basin / swale system has been a CCR-
designated off - site discharge point and ISGP designated sampling or monitoring point
using the DMR nomenclature of MP-1. See, e.g., 2015 SWPPP, Part 17, Monthly
Inspection Assessment, indicating that the monthly inspection should include a visual
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observation of the Sediment Ponds'discharge location. See also Attachments B and C to
this EPA inspection report corroborating the three pond / basin system as an off - site
discharge point subject to required ISGP quarterly inspection and sampling, if applicable
(i.e., no sampling if no discharge is observed).
Available DMRs for the time period of Q1 2015 through Q2 2020 include this MP-1
pond / basin designated sampling point and subject to check, the CCR Facility has never
applied to Ecology to remove this three pond / basin / swale system as a designated
monitoring or sampling point require, if applicable, quarterly sampling.
Beginning Q3 2020 and through the last DMR available to this inspector (i.e., Q3, 2023),
the CCR Facility DMRs fail to include this MP-1 designated sampling / monitoring report
in any form within the DMR; i.e., these DMRs are completely devoid of any information
that shows CCR Facility continues to use the pond / basin system as a discharge or
monitoring point.
Based on the lack of DMR documentation for MP-1, it appears that the CCR Facility is
not even conducting monthly inspections of the pond / basin system to determine its
operational or structural condition or whether the pond / basin system is discharging off-
site, requiring ISGP - based quarterly sampling.
E.
Lack of Exact Site Map Locations for Pond / Basin System & Treatment
System Monitoring Points
ISGP S3.B.1.k requires the SWPPP to have a site map that identifies the locations of all
stormwater monitoring points.
ISGP S3.B.5.a requires the SWPPP Sampling Plan shall identify points of discharge to
surface waters, storm sewers or groundwater infiltration locations.
The 2015 SWPPP lacks a specific compliant SWPPP site map that identifies the specific
locations of the sampling / monitoring points for the three pond / basin system and the Level
3 Treatment System. The 2015 SWPPP sampling plan does not include any location
identification descriptions for the sampling / monitoring points for these two discharging
systems to off - site surface waters (i.e., the river).
During the September 25, 2023 inspection, I was not able to access the three pond / basin
system because of the density of blackberry bushes and other substantial vegetative
overgrowth. I could not locate or distinguish an easily accessible pathway to the three
pond / basin system, and the 2015 SWPPP and other CCR Facility documents do not
readily describe in detail the exact location of the pond / basin system's outfall or
monitoring / sampling point.
Based on my observations and without any further CCR Facility housekeeping to remove
bushes / overgrowth around the pond / basin system, it is not clear to me how the ECI
Environmental inspector conducting monthly SWPPP inspections for the CCR Facility
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would be able to easily access this pond / basin system to make any required inspection
observations and if applicable, locate the outfall for required ISGP sampling.
Also, during the September 25, 2023 inspection, I observed the Level 3 Treatment BMP
System and could not locate the exact sampling / monitoring point that was used
previously by Blue Environmental, and may be used now by ECI Environmental to
collect treated effluent samples for the treatment system.
In addition to other revisions required for the CCR Facility 2015 SWPPP, a revised site
plan is needed that will identify, describe in detail and label the exact
sampling / monitoring locations for the three pond / basin system and the Level 3 Treatment
BMP system.
F.
Lack of Adequate Operational Source Control BMPs on Gravel Road
ISGP S3.B.4.b.i.1, Operational Source Control BMPs, requires the SWPPP to include
operational source control BMPs listed as applicable (i.e., mandatory) in Ecology's
SWMMs, or other guidance documents.
The CCR Facility 2015 SWPPP includes mandatory operational source control BMPs for
the maintenance of stormwater drainage systems including the following: (1) Promptly
repair any deterioration threatening the structural integrity of the facilities; and (2) Ensure
that heavy sediment discharges to the stormwater drainage systems are prevented.
During the September 25, 2023 inspection, we walked the entire gravel road from the
MAW area down to the lower yard, observing the gravel road had severe rill and gully
erosion directed down the gravel roadbed carrying and depositing sand, dirt, gravel, etc.
as the flows appeared directed toward CB10B near the lower yard area. The gravel
roadbed did not have any operational BMPs installed to slow run - off forces that gouged
the gravel base and carried sediment downhill or to divert stormwater flows off into
vegetated areas to prevent roadbed degradation. Heavy amounts of sediment were being
eroded and carried down the substantial road grade toward CB10B potentially creating
heavy sediment discharges to that catch basin, and ultimately to the Level 3 Treatment
BMP system.
Additionally, entrapped stormwater pools and moist sediments along the length of the
gravel road contained oil sheen and oil sheen staining indicating that equipment / vehicles
traveling the gravel road were leaking oil products onto the roadbed.
G.
DMR, Sampling and Annual Report Anomalies
ISGP S9.B.1, requires, in part, the Permittee shall submit sampling data obtained during
each reporting period on a Discharge Monitoring Report (DMR).
ISGP S9.B.2, requires, in part, the Permittee shall ensure that DMRs are submitted to
Ecology by the DMR due dates specified in the ISGP, Table 9. Table 9 generally
requires an applicable quarterly DMR to be submitted within about 45 days after the end
of the sampling calendar quarter.
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ISGP S4.B.1.a, requires the Permittee to sample the discharge from each designated
location at least once per calendar quarter.
ISGP S9.C.1, requires the Permittee to submit a complete and accurate Annual Report to
Ecology. ISGP S9.C.2 dictates the Annual Report shall include corrective action
documentation as required in S8B.-D., which S9.C.3.c. requires summaries of the Level
1, 2 and 3 corrective actions completed during the previous year.
The following anomalies were identified during document reviews of CCR Facility DMR
and annual report filings (or non - filings):
No required sampling of designated sampling / monitoring reports were conducted
for Q3-Q4 2020 and Q1 2021 where DMRs were submitted but acknowledge lack
of sampling;
The DMRs for Q3-Q4 2020 and Q1 2021 were submitted to Ecology extremely
late - it appears these DMRs were all submitted to Ecology in July 2022.
No DMRs were submitted to Ecology for Q4 2018 and Q1-Q4 2019;
The 2016 annual report acknowledged copper benchmark value exceedances for
Q1 and Q2 but the report failed to include and summarize any Level 2 or Level 3
corrective actions taken;
The 2017 annual report failed to acknowledge or identify the Treatment System
Outfall A's copper benchmark value exceedance that occurred in Q4;
There is no record evidence that the CCR Facility submitted a 2018 annual report
a year in which there were at least two copper benchmark value exceedances for
the Treatment System Outfall A; and
The 2020 annual report was not completed correctly - it failed to acknowledge or
identify two (2) copper benchmark value exceedances for the Treatment System
Outfall A and consequently, no required corrective actions were summarized in
the annual report.
H.
Leaking Vehicle / Equipment Needs Inspection & Maintenance
ISGP S3.B4.b.i.c, requires: " Inspect all equipment and vehicles during monthly site
inspections for leaking fluids such as oil, antifreeze, etc. Take leaking equipment and
vehicles out of service or prevent leaks from spilling on the ground until repaired.
During the September 25, 2023 inspection, I observed significant oil sheen deposits in the
MAW area, on the gravel road from the upper yard to the lower yard, and in the travel
area of the lower yard, especially in the bulldozer - like tread tracks and between the set of
tracks in the MAW area. It appeared that a bulldozer or dozer - like tracked vehicle had
been used to grade various areas and was leaking some type of petroleum fluid that result
in significant, widespread oil sheen deposits. These observations were shared with Mr.
Anderson during the closing conference and he appeared to know exactly which dozer
was suspect in leaking or spilling fluids that would have caused the oil sheen observed.
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I. Lack of Employee Training Records on the SWPPP & Treatment System
ISGP S3.B.4.b.i.5, Employee Training, provides in part the SWPPP shall include BMPs
to provide SWPPP training to for employees who have duties in areas of industrial
activity subject to the ISGP and in accord with ISGP S3.B.4.b.i.5.c and 5.d, the content of
the training plan must include the frequency / schedule of training with a directive the
Permittee shall train employees annually, at a minimum, the training plan must include a
log of the dates on which employees received training.
The CCR Facility did not provide any staff SWPPP training log information or related
training records. Mr. Anderson alluded to training up a new employee to operate or
oversee the Level 3 Treatment BMP system but the CCR Facility did not produce any
training records showing employees were trained on the treatment system operations..
J.
2015 SWPPP Needs Significant Modification & Updating
ISGP S3.A3.a, requires the Permittee to modify the SWPPP if the owner / operator,
applicable local or state regulatory authority determines during inspections or
investigations that the SWPPP is, or would be, ineffective in eliminating or significantly
minimizing pollutants in stormwater discharges from the site. This ISGP provision
requires the Permittee to modify the SWPPP as necessary to include additional or
modified BMPs to correct problems identified, and to correct the deficiencies identified
in writing from Ecology within 30 days of notice.
ISGP S3.A.3.b, requires the Permittee to modify the SWPPP whenever there is a change
in design, construction, operation, or maintenance of the facility that significantly
changes the nature of pollutants discharged in stormwater from the facility or
significantly increases the quantity of pollutants discharged.
ISGP S3.B.4.b.i.2, Good Housekeeping, requires the SWPPP to include BMPs that define
ongoing maintenance and cleanup, as appropriate, of areas which may contribute
pollutants to stormwater discharges, and requires the SWPPP must include the
schedule / frequency for completing each housekeeping task, based on industrial activity,
sampling results and observations made during inspections.
For context, the 2015 SWPPP was prepared when the CCR Facility upper yard industrial
activity was primarily concrete recycling and processing (e.g., crushing) with the primary
pollutants related to concrete make - up, concrete dust and related materials.
As observed during the September 2023 inspection, the CCR Facility upper yard has
undergone a significant change in its primary industrial activity. Currently, the upper
yard is almost exclusively equipment and vehicle storage, material storage and scrapping
and recycling which results in more pollutants associated with the leaching, spills, leaks,
etc. associated with rain - drenched exposed metals, petroleum sources, stored materials
and equipment, parked vehicles, etc. The 2015 SWPPP's current incorporated BMPs,
etc. do not reflect adequately the current primary industrial activities, especially the
modified activities on the CCR Facility upper yard.
Page 24 of 26
Building Busters, Inc. - Seattle
ISGP # WAR002153
Ecology stormwater inspectors inspected the CCR Facility on May 10, 2023 and finalized
the Ecology inspection report on July 28, 2023. Ecology's inspection report highlighted
the significant amount of large metal objects and materials in stressing the need for good
housekeeping and cleanup BMPs. The Ecology report also stressed the CCR Facility is
actively undergoing significant physical changes and that the stormwater BMPs, training
of personnel, etc. have not been updated. Ecology's inspection report cited the three
ISGP compliance requirements immediately cited above and requested " Completely re-
write and sign a new SWPPP to current site conditions and the current permit cycle.
On information and belief, the CCR Facility had not updated the 2015 SWPPP or re-
written and updated a new SWPPP in response to the Ecology inspection report's
compliance citations, requests, recommendations, etc. as of the September 25 EPA
inspection. Based on the September 25 inspection observations, especially of the CCR
Facility upper yard industrial activities, it did not appear that CCR Facility had not
corrected the deficiencies identified in the Ecology July 28, 2023 inspection report.
K.
Necessary SWPPP Revisions Include Site Map & Multiple Inventories
ISGP S3.B.1, requires the SWPPP contain numerous items including a Site Map and a
detailed assessment of the facility - some of the Site Map's key contents are specified in
S3.B.1.a. - B.1.p, and without excluding any item, of particular relevance to this Area - of-
Concern are the following items:
d: Direction of stormwater flow (using arrows);
e: Locations of all structural source control BMPs;
j: Locations of actual and potential pollutant sources; and
o: Locations of fueling and vehicle maintenance areas.
ISGP S3.B.2, requires the facility assessment shall include, for example, an inventory of
facility activities and equipment that contribute to or have the potential to contribute any
pollutants to stormwater, and an inventory of materials that contribute to or have the
potential to contribute pollutants to stormwater.
ISGP S3.B.2.b specifies the inventory of industrial activities must identify all facility
areas with industrial activities that may be potentially sources of pollutants to stormwater.
ISGP S3.B.2.c specifies the inventory of materials shall include a list of materials
handled at the site, a short narrative for each material describing pollutants associated
with the materials, and an inventory of past activities and locations that might contribute
pollutants to stormwater.
The Ecology's July 2023 inspection report lays out all of the site map requirements in
detail that need to be added to an updated CCR Facility site map and that detailed list is
incorporated by reference herein.
The current 2015 SWPPP does not adequately assess the current CCR Facility industrial
activities and related inventories of materials, equipment and vehicles in light of the
Page 25 of 26
Building Busters, Inc. - Seattle
ISGP # WAR002153
Facility's new primary overall emphasis, including on the upper yard, on material,
equipment and vehicle storage, scrapping and maintenance for re - sale.
Without these updated inventories including specific site areas, the 2015 SWPPP does
not adequately identify and target operational good housekeeping and structural source
BMPs with any level of specificity on where, how and when to implement, operate and
maintain the specific BMPs needed to prevent stormwater pollution.
L.
SWPPP's BMP Applicability to Site - Specific Areas and Activities
ISGP S3.B.4.a, General BMP Requirements, provides: " The Permittee shall describe
each BMP selected to eliminate or reduce the potential to contaminate stormwater and
prevent violations of water quality standards. The SWPPP must explain in detail how
and where the selected BMPs will be implemented. " (italics added for emphasis)
The overall area - of - concern is the 2015 SWPPP routinely just lists the mandatory BMPs
without any SWPPP narrative explaining how and where the BMPs are to be
implemented on the CCR Facility with site - specific details on where, how and when the
BMPs are to be implemented.
This type of SWPPP drafting (i.e., just reciting the ISGP BMP text without site - specific
detailed application) leads to inclusion of BMPs that are not even applicable to the CCR
Facility (e.g., reference to inspecting and maintaining bag houses) giving an indication
that the SWPPP was not adequately proofed and developed with site - specific details so
that employees are trained to understand how exactly the applicable BMPs are to be
implemented in various areas of the CCR Facility, including how (including
schedule / frequencies) and where in / on the CCR Facility.
X. Closing Conference
A closing conference was conducted after the CCR Facility walk - through with the two
CCR Facility representatives that participated in this ISGP inspection.
During the closing conference, I discussed my inspection observations made of the CCR
Facility and reviewed documentation, preliminary findings, and next steps. I discussed
some of the preliminary areas of concern identified during the inspection and document
reviews and as some preliminary concerns are summarized above, noting these were
preliminary areas of concern subject to review, revision and supplementation. I thanked
the CCR Facility representatives for their time, assistance and cooperation.
Page 26 of 26
Building Busters, Inc. - Seattle
ISGP # WAR002153
ATTACHMENT A-Photograph Log
(Photographs taken by Rick Cool, EPA, with a Panasonic Lumix FH-25 camera)
Contractors Concrete Recycling & Monster Auto WreckingNPDES / ISGP Inspection September 25, 2023
Seattle, WashingtonPhotographed by: Rick Cool
JORIG
SEP / 25 / 2023SEP / 25 / 2023
Photo 1: P101049509/25/2023Photo 2: P101049609/25/2023
CCR Run Off Sheen Discharge to MLK Way (looking north)CCR Damaged Berm Diversion & Sheen Run Off (looking north).
SEP / 25 / 2023 72572023
Photo 3: P101049709/252023Photo 4: P101049809/25/2023
CCR Sheen Run Off Discharge to MLK ROW-Damaged Diversion Berm (lookingMonster Auto Wrecking Area (looking south)
east / southeast)
1
Contractors Concrete Recycling & Monster Auto WreckingNPDES / ISGP Inspection September 25, 2023
Seattle, WashingtonPhotographed by: Rick Cool
SEP / 25 / 2023SEP / 25 / 2023
ZOSOTOTd
Photo 5: P101049909/25/2023Photo 6: P101050009/25/2023
Lower Storage Yard (looking north)Equalization Tank Inlet Pipes from Upper Yard and CB-10B
SEP / 5 / 2023SEP / 25 / 2023
TOSOTOTd
Photo 7: P101050109/25/2023Photo 8: P101050209/25/2023
Sedimentation / Treatment Tank Piping including Sand Filter Return Pipe (vertical)Sedimentation / Treatment Tank & EC Reactors
2
Contractors Concrete Recycling & Monster Auto Wrecking NPDES / ISGP Inspection September 25, 2023
Seattle, Washington Photographed by: Rick Cool
SEP 25/2023
Photo 9: P1010503
09/25/2023 0304d
Four - Sand Filter Train with white filter retrun pipe on ground next to conex container.
123
Photo 10: P1010504
09/25/2023
Treatment System Discharge Pipe from Sand Filter Train to Covered CB23
REMAINDER OF PAGE LEFT BLANK
INTENTIONALLY
3
Contractors Concrete Recycling & Monster Auto Wrecking NPDES / ISGP Inspection September 25, 2023
Seattle, Washington Photographed by: Rick Cool
PAGE LEFT BLANK INTENTIONALLY
+
Building Busters, Inc. - Seattle
ISGP # WAR002153
ATTACHMENT B-Stormwater Block Diagram
MLK WAYMLK WAY
BERM BERM
CB4A CB5A
GAS STATION
CB4
OLNV
SVD
TM
AVCONVEYANMCE
2 CB1
MONSTER AUTO WRECKINGWAA
WALSAS
CB10A CB11 CB12 CB13 CB14 CB15
COUNTY
TM
FROM ROAD
C8108
8 MLK WY
COLLECTION TRENCH
K" ING
TML
OWER YARD
36
FROM
8 TREATMENT
MLK WYSCYSBTE1M
7 CB18 CB19 CB20 CB21
SEGREGATED
TM
88
POND / SWALE
OUTFALL1
SPRING
OUTFALL 2
BEACON COAL MINE ROAD
5
FIGURE 6
CONTRACTORS CONCRETE RECYCLING
STORMWATER BLOCK DIAGRAM
COMBINED TREATMENT SYSTEM DRAWN: MMJ DATE: JULY 7, 2014
13001 MLK JR WAY, SEATTLE WAREVISED:PAGE 1 OF 1
Building Busters, Inc. - Seattle
ISGP # WAR002153
ATTACHMENT C- Modified Stormwater Conveyance System
2 " BCB1E
RM DIVERSION STRUCTUREAve
1
2014
S 12, OF
CB4 36 "JUNE 1
:
CB2
CNB4A
EWSYSTEM DATE PAGE
CB3CONVEYANCE JUMEMMJ
(CAPPED) NEWRECYCLING 2014
CB3A CB5, 26
CB6 CB7 CB8 2 " BERM DIVERSION STRUCTURE
IE = 38
:
(CAPPED)2 " PRESSURE LINENEW:
O / WS
36 "
CB5ACONCRETE DRAWN REVISED
CB16 WA
STOMRWAER
NOTES:36 "
CB15
SEATTLE
CB9 CONTRACTORSSYSTEM
STOP EKEIDN GH CUOMUPN TDYI V36E'RSTESW EMRC LLKI NSEH.B EEO T/ FWL1 SOWKCBC1B30 1
4MOD IFIEDJ ,TREAR TMENT
WAY
CB2 AND CB3 ARE CAPPED TO PREVENTCB11
CCR FLOW FROM ENTERING KING COCB12 MLK
SNEW CEB3A,W CB4AE, CBR5A AN D CBC10AOCB1N 0AN
VE EYW AN CE1 3 CO0 MB0 IN1 ED
INSTALLED TO CAPTURE CCR SHEET FLOW
SEPARATE CONVEYANCE COLLECTS CCR
STORMWATER AND TRANSPORTS TO
TREATMENT SYSTEM
CB3A & CB5 PUMPED TO NEW CONVEYANCE
NO CCR STORM FLOW ENTERS KING CO
SEWER
CB22
4
COLLECTION TRENCH (6'PERF).
36 "
NEW
CB21
CSTBOR1MWA 0TEBR C B2F0
IGURE
TREATMENT SYSTEM
CB19
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18
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