Document aD9p5qe5zL0VpGZJdr3kkJaDb

REPORT OF COMPLIANCE EVALUATION INSPECTION (INDUSTRIAL STORMWATER) Enterprise Precast Concrete 13800 Giles Road, Omaha, Nebraska 68138 Authorization Number: NOT PERMITTED BY U.S. ENVIRONMENTAL PROTECTION AGENCY REGION 7 ENFORCEMENT AND COMPLIANCE ASSURANCE DIVISION (ECAD) WATER BRANCH/DRINKING WATER & INSPECTIONS SECTION (WB/DWIS) ON October 4, 2023 Introduction At the request of the Water Branch (WB), Enforcement and Compliance Assurance Division (ECAD), a Compliance Evaluation Inspection (Industrial Stormwater) was conducted on October 4, 2023, at Enterprise Precast Concrete in LaVista, Nebraska. The inspection was conducted under the authority of Section 308 of the Clean Water Act, as amended. It was conducted in accordance with the U.S. Environmental Protection Agency (EPA) Region 7 Standard Operating Procedures for Compliance Inspections (ENST SOP No. 2332). This narrative report presents the findings of the inspection. Mr. Randol Wehrbein with the Nebraska Department of Environment and Energy-NPDES Compliance Section was present during the inspection. Participants Enterprise Precast Concrete-Omaha x Casey Grivy, Safety Coordinator cgrivy@enterpriseprecast.com x Andy Newell, Operation Manager Nebraska Department of Environment and Energy-NPDES Compliance Section x Randol Wehrbein, Environmental Specialist U.S. Environmental Protection Agency (EPA), Region 7 x Naji J. Ahmad, Environmental Engineer, ECAD/WB/DWIS Inspection Procedures Mr. Randol Wehrbein and I arrived at the Enterprise Precast Concrete site (Facility) at approximately 10:45 A.M. on October 4, 2023. We met with Mr. Andy Newell and Mr. Casey Grivy. We introduced ourselves, I presented my credentials, and I explained the purpose and procedures of the industrial stormwater compliance evaluation inspection. These included completing the Region 7 Industrial Stormwater Worksheet (Attachment 1), completing the US EPA Confidentiality Notice, evaluating self-monitoring and stormwater management practices, and conducting a facility walk-through with photographs (Attachment 5). I provided Mr. Newell with the U.S. EPA Small Business Resources Information Sheet and the U.S. EPA Confidentiality Notice. The Facility chose not to claim any confidential business information. After a brief description of the site operations, Mr. Grivy and Mr. Newell escorted us on a visual inspection of the facility. During my visual inspection of the facility, we observed the indoor process areas, above ground storage tanks, outfalls, stormwater inlets, and outdoor storage areas. After the facility walkthrough. I held a formal exit meeting with Mr. Newell and Mr. Grivy. I discussed my preliminary observations, and I informed Mr. Grivy that I will issue a Notice of Preliminary Findings (NOPF) and email it to him upon receiving the Stormwater Pollution Prevention Plan (SWPPP) and site inspection records. Later that evening, I received an email from Mr. Grivy that included the SWPPP and inspection reports (Attachment 2). On October 5, 2023, I issued and sent via an email the NOPF with four observations (Attachment 3). On October 19, 2023, I received an email from Mr. Grivy that included response to the NOPF and corrective actions (Attachment 4) to the observations I included on the NOPF. Facility Description Enterprise Precast Concrete is an architectural precast concrete producer located in La Vista, Nebraska along the Omaha city line for a little over 20 years. The entire operation is located on a 10.68-acre parcel in Sarpy County. This Facility in Omaha is one of three production facilities owned and operated by Enterprise Properties Inc. The other facilities are located in Corsicana, Texas, and Kansas City, Kansas. The Facility consists of an office, a maintenance building, a fueling station, material truck unloading and storage areas, a panel wash area, final product storing areas, aggregate storage areas and a covered final product plant. The Facility is operating 10 hours per day, five days a week and employs approximately 60-65 people. Activities on site fall under Standard Industrial Classification (SIC) Code 1771 and SIC Code 3273 both of which are associated with concrete works. Therefore, the Facility should have been regulated under Sector E - Glass, Clay, Cement, Concrete, and Gypsum Products of the Nebraska Department of the Environment and Energy (NDEE) General Permit under the National Pollutant Discharge Elimination System (NPDES). Currently, the Facility is operating without the NDEE-NPDES General Permit Authorization. Potential pollutant sources include trucks fueling and maintenance, aggregate storing, fuels and chemical storing, panel washing process, and concrete wash area. Figure 1, Enterprise Precast Concrete, Omaha Property Photos 9-10 Photo 16 Photo 17 Photo 18 Photos 7-8 Photo 11 SW inlet 1 Photo 19 SW#3 Photo 15 OU01 Photos 12-14 Photos 2 - 4 Photo 5 Photo 6 Photo 1 Stormwater Runoff Patterns 1. Based on the local topography of the site, surface runoff would generally flow north towards the South Papillion Creek. The Stormwater Pollution Prevention Plan (SWPPP) indicates that surface water (storm and process) is directed to flow into three main inlets as shown in Figure 1 above. Discharge from these three inlets would flow into the South Papillion Creek. 2. Stormwater runoff would leave the site and enter the banks of the South Papillion Creek and into the Creek from at north property line. In addition, stormwater runoff would enter the ditch that runs south into South Papillion Creek along the west property line. Finding and Observations 1. NOPF #1 was issued because Facility personnel were aware of the applicability of the NDEE NPDES General Permit #1 for storm water discharges associated with industrial activity, however, the Facility failed to apply for the permit in compliance with the provisions of the Clean Water Act as amended, (33 U.S.C. Secs. 1251 et. seq.), the Nebraska Environmental Protection Act, as amended (Neb. Rev. Stat. Secs. 81-1501 et. seq.) and the Rules and Regulations promulgated pursuant to these Acts. The Facility has been at this location for over 20 years. 2. During the inspection I noticed that the Facility was discharging process water from the panel washing process through stormwater inlet #l 1ocated at the northwest corner of the precast building that is piped to directly discharge to outfall 01 which discharges into the South Papillion Creek. The inlet was not protected (Photo 11). Photo 11, Process water entering a stormwater inlet that leads to Outfall 01. 3. NOPF#2 was issued because the Facility placed a significant amount of process material, such as sand and gravel piles, at the edge of the north property line along the bank of the South Papillion Creek. This material spilled over onto the bank of the South Papillion Creek and into the Creek. Evidence of significant erosion caused by surface runoff indicates that the material has been there for an extended period of time without BMPs as illustrated in photo 17 below and photos 16, and 18 in attachment 5 of this report. In addition, there was evidence of erosion and surface runoff into the drainage way that runs along the west perimeter of the site. This drainage pathway flows north into The South Papillion Creek (Photo 15). Photo 17, significant erosion caused process material to enter the South Papillion Creek 4. NOPF #3 was issued because during my visual inspection of the site I noted the following observations in relation to poor housekeeping practices and improper operation and maintenance of the site: a. Photos 2 and 3 illustrate improper outside storage of chemicals and fluids in containers without secondary containment exposed to stormwater. b. Photo 5 shows the improper handling of used batteries stored outside exposed to stormwater. c. Photo 6 shows improper maintenance of leaky equipment kept outside exposed to stormwater. d. Photos 9 and 10 illustrate the improper fueling practices which caused fuel to spill on the ground, and improper labeling of fuel tanks. e. Photos 12, 13, and 14 illustrate the improper practices of concrete washout. The Facility has a designated concrete washout pit consisted of two cells. My observation indicated that personnel washed-out concrete few feet outside the cells and allowed concrete to run on the ground exposed to surface runoff. In addition, there was evidence of concrete overflow outside of one of the cells onto the ground. The concrete washout pit is located a few feet from Outfall 01. Outfall 01 is piped to discharge into a ditch that directly discharges into The South Papillion Creek. f. Photo 19 shows process material and debris near stormwater inlet #3 in the northeast area of the site. This inlet was not protected, and it is piped to discharge directly into the South Papillion Creek. 5. NOPF #4 was issued because the Facility has aboveground storage capacity over 1,320 U.S. gallons of petroleum products (diesel, hydraulic fluids, oil, and used oil) stored onsite in tanks, totes, and 55-gallon containers. According to 40 CFR Part 112, 112.3, the Facility must prepare in writing and implement a Spill Prevention Control and Countermeasure (SPCC) Plan in accordance with 112.7 and any other applicable sections of this Part. 6. On October 30, 2023, I received, via certified mail, a hard copy of the Facility's response to the NOPF (Attachment 6). 7. As mentioned above, during the inspection the Facility did not wish to claim any CBI. Included, however, in their response to the NOPF on October 30, 2023, is the CBI certification. The Facility claimed the Internal Layout of the facility as CBI (Attachment 7), however, I did not collect or review the Internal Layout of the facility. Ahmad, Naji Digitally signed by Ahmad, Naji Date: 2023.11.20 08:03:57 -06'00' Naji J. Ahmad Environmental Engineer, WB/DWIS Digitally signed by JODI BRUNO _JO__D_I_B_R_U__N_O__Da_te:_202_3.1_1.2_0 0_8:5_1:5_9 -0_6'0_0' _ Jodi Bruno Chief, WB Attachments 1. ISW Checklist 2. SWPPP and Inspection reports 3. NOPF 4. Response to the NOPF 5. Photo Log 6. Written response to the NOPF. 7. CBI Form