Document Xy5dbXLRnxyX8DxmjqmJv3VG

U.S. Environmental Protection Agency Region 5 Purpose: Clean Water Act National Pollutant Discharge Elimination System Compliance Evaluation Inspection Facility: Terminal Ready Mix, Inc. 524 Colorado Avenue Lorain, Ohio 44052 Inspection Date: June 22, 2022 EPA Representatives: Jake Berger, Physical Scientist, 312-353-8024, berger.jake@epa.gov Anne Marie Vincent, Life Scientist, 440-250-1720, vincent.annemarie@epa.gov Facility Representatives: John Falbo, Jr.; Vice President Beth Mehal, Procurement and Compliance Report Prepared by: Jake Berger, Physical Scientist Water Enforcement and Compliance Assurance Branch, Section 1 Digitally signed by Berger, Berger, Jake Jake Date: 2022.07.26 Inspector Signature and Date: _______________1_0:_35_:3_4 _-05_'0_0'_________________________ Approver Name and Title: Molly Smith, Section 1 Supervisor, Water Enforcement and Compliance Assurance Branch MOLLY Digitally signed by MOLLY SMITH SMITH Date: 2022.07.27 09:29:36 -05'00' Approver Signature and Date: ________________________________________________ PURPOSE OF INSPECTION The purpose of the inspection by the U.S. Environmental Protection Agency (USEPA) at Terminal Ready Mix, Inc. (Terminal or Facility) was to describe, evaluate, and document compliance with the Clean Water Act (CWA) and their National Pollutant Discharge Elimination System (NPDES) permit. BACKGROUND Terminal is a ready-mix concrete producer and concrete road paving contractor with 40 employees in Lorain, Ohio. Terminal is located on the Black River and receives bulk sand and stone material at the Facility via barge. Terminal also produces concrete onsite. Bulk sand and stone material are stored in piles both at the water level near the Black River and farther uphill near the concrete production area. Terminal samples their industrial storm water discharges from 2 onsite stormwater basins. These basins are covered by the Ohio Environmental Protection Agency (OEPA) Industrial Storm Water General Permit (Permit) (OEPA Facility ID # 3GR01276*FG; Federal NPDES Identifier # OHR000006) which has an Effective Date of June 1, 2017. Permit # OHR000006 expired on May 31, 2022, and Terminal has 90 days from June 1, 2022 (the Effective Date of Permit # OHR000007) to submit a Notice of Intent (NOI) to OEPA to receive continued coverage under Permit # OHR000007. Terminal's industrial storm water discharges continue to be authorized under Permit # OHR000006 during this interim period. INSPECTION Jake Berger and Anne Marie Vincent of USEPA first arrived at the Facility at 7:56 a.m. EDT and were met by John Falbo, Jr. (Vice President). Jake Berger and Anne Marie Vincent showed him their credentials and identification and were instructed to meet with Beth Mehal (Procurement and Compliance). Opening Conference USEPA staff explained that the purpose of the inspection was to: Review Terminal's records, including sample measurements, monitoring activities, and storm water plans, as required by the Permit for Facility ID # 3GR01276*FG; Conduct a walkthrough of the Facility; Identify locations where storm water control had the potential to be insufficient; and Inform Terminal of areas of concern regarding the records review and facility walkthrough. Records Review USEPA began reviewing hard copy and electronic records provided by Terminal with Beth Mehal at 8:06 a.m. EDT. The following areas of concern were identified: Section 2.1.2.9 of the Permit requires Terminal to "train all employees who work in areas where industrial materials or activities are exposed to storm water, or who are responsible for implementing activities necessary to meet the conditions of this permit (e.g., inspectors, maintenance personnel), including all members of your Pollution Prevention Team. Training shall cover both the specific control measures used to achieve the conditions in this Part, and monitoring, inspection, planning, reporting, and documentation requirements in other parts of this permit. Ohio EPA requires that training be conducted at least annually." Terminal has no records of providing any employee training related to storm water pollution prevention since 2016. Section 4.1.1 of the Permit requires Terminal to conduct Routine Facility Inspections of all areas of the Facility where industrial materials or activities are exposed to storm water and of all storm water control measures at least once each calendar quarter. Terminal has no record of ever performing these inspections. Section 4.2.1 of the Permit requires Terminal to conduct Quarterly Visual Assessments of storm water discharges. Terminal has no record of ever performing these inspections. Section 5 of the Permit requires Terminal to review and update their Storm Water Pollution Prevention Plan (SWPPP). Terminal's most recent SWPPP was dated February 15, 2012, indicating that it had not been updated since the previous permit cycle (Permit # OHR000005). Section 5.1.7 of the Permit requires the SWPPP to be signed and dated by a responsible corporate officer. The 2012 SWPPP was not signed. Section 6.2.1.2 of the Permit requires Terminal to conduct Benchmark Monitoring of industrial storm water, take an average of the monitoring concentration values, compare these averages to the benchmark concentration, and take additional actions if the average monitoring values exceed the benchmark concentration. Terminal conducted this sampling but made no calculations of the average measured concentrations and did not compare their data to the benchmark concentrations. Therefore, Terminal never determined if they were meeting or exceeding the benchmark concentrations. USEPA ended the records review by requesting that the following documents be provided electronically as soon as possible to USEPA after the inspection: Documentation or verification of Terminal's NOI submission to OEPA to receive continued coverage under Permit # OHR000007; and  Detailed drawings, maps, or diagrams showing the flow and conveyance of storm water across the site. The records review portion of the inspection concluded at 10:19 a.m. EDT and was immediately followed by a Facility walkthrough tour with Beth Mehal. Facility Walkthrough USEPA staff made the following observations during the Facility walkthrough, further documented in the Photograph Log (attached): Dandy bags covering the inlets to the storm water basins appeared to not be regularly maintained, as sediment build-up has occurred (Photo 3, Photo 4, and Photo 13). Excess sediment accumulation is occurring at the sediment trap (Photo 5). Material piles of stone and sand in the lower material storage area do not have any containment (Photo 8 and Photo 17). Containers of additive mixture and wash mix do not have secondary containment (Photo 10 and Photo 11). Water flowing from the rock channels near Basin A is coming from an unknown pipe and continues down to the lower material storage area (Photos 14 - 16). There is no containment or management of storm water that comes in contact with the stone and sand piles in the lower material storage area. Sediment runoff and erosion into the Black River is evident (Photos 17 - 20). Storm water is seeping from the retaining wall beneath Basin B and is flowing across the lower material storage area towards the Black River. The Facility walkthrough tour ended at 12:12 p.m. EDT and was immediately followed by the closing conference. Closing Conference USEPA staff relayed the following preliminary comments to John Falbo, Jr. and Beth Mehal during the closing conference: Storm water pollution prevention training is required annually for all on-site employees, which has not been conducted in several years according to Beth Mehal. Routine Facility Inspections are to be conducted once per calendar quarter. Quarterly Visual Assessments are to be conducted once per calendar quarter.  The SWPPP must be reviewed, updated, and signed by a responsible corporate officer at least once per permit cycle. Benchmark Monitoring results are required to be averaged and compared to the benchmark concentration values to determine if additional actions are necessary. Terminal needs to submit their NOI to OEPA to receive continued coverage for industrial storm water discharges under Permit # OHR000007, if they have not done so already. Deficiencies were observed during the Facility walkthrough, such as general housekeeping of sediment and dandy bags, containment of materials, lack of secondary containment for liquid storage totes, the flow seeping out of the hillside near Basin A, the lack of erosion control and runoff prevention near the large material piles at the water level, and the failed retaining wall beneath Basin B. USEPA confirmed that no information collected during the inspection was considered Confidential Business Information. USEPA concluded the inspection and left the Facility at 12:58 p.m. EDT. Terminal Ready Mix EPA Inspection 6/22/2022 All photos taken by Jake Berger, Physical Scientist, U.S. EPA Camera: Olympus Tough TG-6 1: P6220001 Description: Basin A Location: Upper area near material storage and cement production Camera Direction: South Date/Time: 6/22/2022 - 10:34 a.m. EDT * Photograph time stamps are in Central Daylight Time due to camera settings, actual time of photograph is noted in the caption below each image. 2: P6220002 Description: Basin A overflow structure Location: Upper area near material storage and cement production Camera Direction: North Date/Time: 6/22/2022 - 10:38 a.m. EDT 3: P6220003 Description: Catch basin inlet sediment bag Location: Front driveway Camera Direction: South Date/Time: 6/22/2022 - 10:41 a.m. EDT 4: P6220004 Description: Catch basin inlet Location: Front driveway Camera Direction: Southwest Date/Time: 6/22/2022 - 10:44 a.m. EDT 5: P6220005 Description: Sediment trap Location: Front driveway Camera Direction: Northeast Date/Time: 6/22/2022 - 10:50 a.m. EDT 6: P6220006 Description: Truck rinse and exterior spray rack station Location: Front driveway Camera Direction: Northwest Date/Time: 6/22/2022 - 10:53 a.m. EDT 7: P6220007 Description: Stone and sand piles Location: Upper material storage area Camera Direction: Southwest Date/Time: 6/22/2022 - 10:59 a.m. EDT 8: P6220008 Description: Property edge along Black River; lower material storage area Location: Edge of upper material storage area Camera Direction: Southeast Date/Time: 6/22/2022 - 11:09 a.m. EDT 9: P6220009 Description: Additive mixture for concrete Location: Upper material storage area Camera Direction: West Date/Time: 6/22/2022 - 11:13 a.m. EDT 10: P6220010 Description: Tote of concrete additive mixture with no secondary containment Location: Upper material storage area Camera Direction: North Date/Time: 6/22/2022 - 11:15 a.m. EDT 11: P6220011 Description: Wash water additives for truck exteriors Location: Upper material storage area Camera Direction: East Date/Time: 6/22/2022 - 11:16 a.m. EDT 12: P6220012 Description: Basin B (overflow outlet is overgrown and not visible). Location: Upper material storage area Camera Direction: West Date/Time: 6/22/2022 - 11:19 a.m. EDT 13: P6220013 Description: Dandy bag in catch basin Location: Concrete production area Camera Direction: Northwest Date/Time: 6/22/2022 - 11:23 a.m. EDT 14: P6220014 Description: Basin A rock channel #1 Location: Driveway down to lower material storage area Camera Direction: Northwest Date/Time: 6/22/2022 - 11:32 a.m. EDT 15: P6220015 Description: Basin A rock channel #2 Location: Driveway down to lower material storage area Camera Direction: West Date/Time: 6/22/2022 - 11:33 a.m. EDT 16: P6220016 Description: Flow path from rock channel #2 Location: Driveway down to lower material storage area Camera Direction: South Date/Time: 6/22/2022 - 11:35 a.m. EDT 17: P6220017 Description: Sand pile near the shoreline of the Black River Location: Lower material storage area Camera Direction: South Date/Time: 6/22/2022 - 11:46 a.m. EDT 18: P6220018 Description: Stone pile and shoreline Location: Lower material storage area Camera Direction: West Date/Time: 6/22/2022 - 11:49 a.m. EDT 19: P6220019 Description: Lower material storage area along south side of property/Black River shoreline Location: Lower material storage area Camera Direction: North Date/Time: 6/22/2022 - 11:54 a.m. EDT 20: P6220020 Description: Erosion rills along south edge of property and the Black River shoreline Location: Lower material storage area Camera Direction: South Date/Time: 6/22/2022 - 11:57 a.m. EDT 21: P6220021 Description: Retaining wall seepage below the backside of Basin B, located above/uphill Location: Lower material storage area Camera Direction: East Date/Time: 6/22/2022 - 12:04 p.m. EDT 22: P6220022 Description: Flowpath of sediment seeping from retaining wall Location: Lower material storage area Camera Direction: Southeast Date/Time: 6/22/2022 - 12:04 p.m. EDT