Document dm3o3aZM2YqEmQy7R80JkYoQ

EPA REGION 10 Enforcement and Compliance Assurance Division INSPECTION REPORT Inspection Entry Date/Time Inspection Exit Date/Time Weather Media Statute(s)/Program(s) Type of Inspection 09/19/2024 09:58 AM (PT) Announced: Yes 09/19/2024 12:02 PM (PT) Access: Granted 61F, Sunny Water Clean Water Act, NPDES, Stormwater - Industrial Compliance Evaluation Inspection Permittee Name Site Name Site Physical Address City, State, Zip Code County Facility GPS Coordinates Mailing Address City, State, Zip Code Cedar Poles, LLC Cedar Poles, LLC 101 N Idaho Avenue Oldtown, Idaho 83822 Bonner 48.181, -117.0357 P.O. Box 3553 Oldtown, Idaho 83822 FRS ID Permit Number SICs Lead Inspector: Charissa Bujak 110042072299 IDR053192 2411 (Logging) CHARISSA BUJAK Digitally signed by CHARISSA BUJAK Date: 2024.11.27 08:43:26 -07'00' EPA Region 10 bujak.charissa@epa.gov (208) 378-5754 Supervisor Review: Dino Marshalonis Marshalonis, Marshalonis, Daniel (Dino) Digitally signed by Daniel (Dino) -08'00' Date: 2024.11.27 09:03:03 EPA Region 10 marshalonis.dino@epa.gov (206) 553-1519 SECTION I - Opening Conference I arrived at Cedar Poles, LLC (the "Site" or "Facility"), located at 101 N Idaho Avenue, Oldtown, Idaho, at 9:58 AM (PT) on 09/19/2024 for an announced inspection. I presented my credentials to Mr. Daniel Duley, Owner, and Authorized Representative. Idaho Department of Environmental Quality (IDEQ) Inspector Mr. Mathew Colling accompanied me. I informed Mr. Duley that I was there to conduct an inspection of the site to determine compliance with the Clean Water Act (CWA) and the Idaho Multi-Sector General Permit (MSGP). I based this report on information supplied by the site Representatives, my direct observations, and records and reports maintained by the permittee. In addition, this report may contain information gathered before or after the inspection from a review of EPA, State, and public records. Attendees Organization Attendee Name Title Present in Present in Opening Conf. Closing Conf. EPA Region 10 Charissa Bujak Lead Inspector Yes Yes IDEQ - Coeur d'Alene Mathew Colling IPDES Compliance Yes Yes Regional Office Officer Cedar Poles, LLC Owner - Daniel Duley Authorized Yes Yes Representative Site Information Responsible official Personnel conducting inspections/sampling Sampling locations Years in operation Number of employees Receiving Water Number/location of Stormwater Outfalls Daniel Duley Daniel Duley Stormwater is sampled at outfall 001 on the north side of the Facility's property boundary, located approximately 224 feet from the Pend Oreille River. The Facility has been in operation since around 1948. The Facility employs between four and six employees. Pend Oreille River. The facility has one discharge point, designated as Outfall 001. BMPs/Stormwater Treatment Industrial activities exposed to stormwater The Facility utilizes swales, ditches, pervious surfaces such as gravel, and vegetative buffers to enhance stormwater infiltration. The topography generally directs stormwater towards the northern corner of the property, where Outfall 001 is located. During the inspection, I observed gravel piles in lower topographic areas throughout the Facility's yard, including one at the northern corner, where stormwater flows towards Outfall 001. Although the water truck was not operating at the time of the inspection, the Facility employs a truck to spray water in and around the yard twice a day--once in the morning and once in the evening--to reduce dust. The Facility processes wooden poles for overhead utility lines. The process begins with raw poles that still have their bark. The usual steps involved are as follows: storing the raw poles, running them through a peeler to remove the bark, scaling the poles to determine their volume, and storing the processed poles for shipment by truck and rail. A third party performs vehicle maintenance off-site as Cedar Poles, LLC leases the vehicles. When an oil change is necessary, drip pans and spill kits, which are kept in the vehicles, are utilized to manage any spills or drips. Industrial Sector/Subsector Type of Operation Is property owned or leased? Shifts/Hours Size of Facility Type of materials and/or vehicles stored outdoors Primary Sector - A3 (SIC 2411) The Facility primarily processes raw poles. It does not chemically treat poles and does not store treated poles on-site. No paved surfaces are sealed or re-sealed with coal-tar sealant. The Facility does not manufacture, use, or store creosote or creosote-treated wood. The Facility also does not conduct spray-down or wetdeck operations. The Facility is owned by Poles Inc, as per the Bonner County Parcel Map Viewer. The Facility typically operates from 7:00 AM to 3:30 PM, mostly weekdays. The Facility conducts operations across a 19-acre area. No oil, fuel, or chemicals are stored outdoors. Additionally, salt is not stored outside. However, raw materials such as unpeeled poles and debris from processing these poles, including bark and sawdust, are stored outside. Peeled poles that are ready for off-site shipment are also stored outdoors. SECTION II - Observations Location: Dumpster located near shop Observation #: OB-001 During the site tour, I noticed that the dumpster near the shop was uncovered, and I did not observe the presence of a lid. SECTION III - Records Review Records may not be in sequential order. Record: Other - EPA's Integrated Compliance Information System (ICIS) Database - DMRs AOC: Yes Ref #: RR-001 Reviewed By: Charissa Bujak Reviewed Date: 09/5/2024 I reviewed the information in the EPA's ICIS database covering the period from September 2019 through September 2024. I observed that the Facility failed to timely submit a Discharge Monitoring Report (DMR) for the monitoring period ending May 31, 2021. Record: Other - Quarterly Visual Assessments & Benchmark Monitoring AOC: No Ref #: RR-002 Reviewed By: Charissa Bujak Reviewed Date: 09/17/2024 The Facility has reported that no discharges have occurred at Outfall 001 since 2017. I did not observe any areas of concern. Record: Other - Routine Facility Inspections AOC: Yes Ref #: RR-003 Reviewed By: Charissa Bujak Reviewed Date: 09/17/2024 During the inspection, the Facility had no documentation of any completed Routine Facility Inspections in the SWPPP. Record: Notice of Intent AOC: Yes Ref #: RR-004 Reviewed By: Charissa Bujak Reviewed Date: 09/05/2024 Before the inspection, I reviewed the Facility's Notice of Intent (NOI) dated May 12, 2021. The NOI states that the receiving water is not listed as impaired on the 303(d) list. However, according to the 2016, 2020, and 2022 Waterbody Reports, the receiving water at the discharge point is indeed listed as 303(d) impaired. During the inspection, I noted that Appendix D of the Stormwater Pollution Prevention Plan (SWPPP) includes 2020 documentation correctly identifying the receiving water's 303(d) status. Record: Other - EPA's ICIS Database - Annual Reports AOC: Yes Ref #: RR-005 Reviewed By: Charissa Bujak Reviewed Date: 09/10/2024 Before the inspection, I reviewed information from the EPA's ICIS database covering the period from September 2019 to September 2024. The facility failed to submit the Annual Report for 2021, which was due on January 30, 2022. Additionally, the facility did not submit the Annual Report for 2022 on time; it was due on January 30, 2023, but was submitted late on May 31, 2023. After the inspection, the facility provided correspondence between itself and the EPA regarding the submission of the 2021 Annual Report. The facility also shared correspondence with IDEQ dated January 25, 2023, concerning the late submission of the 2022 Annual Report. Record: SWPPP AOC: Yes Ref #: RR-006 Reviewed By: Charissa Bujak Reviewed Date: 09/17/2024 At the time of the inspection, I reviewed the Facility's Stormwater Pollution Prevention Plan (SWPPP), dated May 12, 2021. At the time of the inspection, I observed that the SWPPP did not contain the following items: 1) employee training records, 2) a schedule/procedure for maintenance on the gravel installed, and 3) the required elements of the unauthorized non-stormwater discharge evaluation. I also observed that the SWPPP was not signed and dated. At the time of the inspection, I observed that the SWPPP map did not contain the following items: 1) the size of the property in acres, 2) the location of all stormwater control measures, including the vegetated buffer and gravel installation, 3) indication of whether the receiving water is impaired, 4) location of potential pollutant sources, such as the pile of sawdust and bark on the northwestern corner of the property, 5) areas of Endangered Species Actdesignated critical habitat for endangered or threatened species, and 6) locations of the following activities: loading/unloading areas, processing and storage areas, and immediate access roads and rail lines used or traveled by carriers of raw materials. Post-inspection, the Facility provided documentation regarding employee training, as well as documentation on gravel delivery and installation/maintenance. SECTION IV - Sampling Activities No sampling was conducted. SECTION V - Areas of Concern Areas of Concern may not be in sequential order. The presentation of Areas of Concern does not constitute a formal compliance determination or violation. AOC Reference #: OBS-001 - Dumpster Lid near Shop. Permit Requirement: Part 1.1.2.2 of the Permit states, in part, " You must keep clean all exposed areas that are potential sources of pollutants. You must perform good housekeeping measures to minimize pollutant discharges, including but not limited to, the following...Keep all dumpster lids closed when not in use." AOC: At the time of the inspection, the facility had one dumpster without a lid. Post-inspection, the facility submitted a photo showing the dumpster with the lid closed. See Appendix II. AOC Reference #: RR-001 - Other - EPA's Integrated Compliance Information System (ICIS) Database DMRs Permit Requirement: Part 7.3.1 of the Permit states, in part, "You must submit all stormwater discharge monitoring data collected pursuant...using Net-DMR...no later than 30 days after you have received your complete laboratory results for all monitoring discharge points for the reporting period." AOC: At the time of the inspection, the facility did not timely submit a Discharge Monitoring Report (DMR) for the monitoring period ending May 31, 2021, in a timely manner. Post-inspection, the facility provided documentation indicating that they were experiencing technical difficulties with online DMR submissions on July 12, 2021. See Appendix II. AOC Reference #: RR-003 - Other - Routine Facility Inspections Permit Requirement: Parts 3.1, 3.1.4, and 3.1.6 of the Permit states, in part, " Qualified personnel (as defined in Appendix A) must perform the inspections...at least quarterly...You must document the findings of your Facility inspections and maintain this report with your SWPPP." AOC: At the time of the inspection, the Facility did not have any documentation of any completed Routine Facility Inspections in the Stormwater Pollution Prevention Plan (SWPPP). AOC Reference #: Ref #: RR-004 - NOI Permit Requirement: Parts 1.3.2 and 1.3.4 of the Permit states, in part, "you must use EPA's NPDES eReporting Tool for the MSGP (NeT-MSGP) to electronically prepare and submit to EPA a complete and accurate NOI...and...if after submitting your NOI, you need to correct or update any fields, you may do so by submitting a "Change NOI" form using NeTMSGP." AOC: At the time of the inspection, the Facility did not have an accurate NOI. AOC Reference #: RR-005 - Other - EPA's ICIS Database - Annual Reports Permit Requirement: Part 7.4 of the Permit states, in part, "You must submit an Annual Report...by January 30th for each year of permit coverage." AOC: At the time of the inspection, the Facility did not submit the Annual Report for the year 2021, which was due on January 30, 2022. Additionally, the Facility did not submit the Annual Report for the year 2022 on time; it was due on January 30, 2023, but was submitted late on May 31, 2023. Post-inspection, the Facility provided correspondence between itself and the EPA public support email inbox, which instructed the Facility to submit documentation to IDEQ. Post-inspection, IDEQ confirmed that they did not have a copy of the Annual Report for 2021. The Facility also shared communication with IDEQ, dated January 25, 2023, regarding the late submission of the 2022 Annual Report. See Appendix II. AOC Reference #: RR-006 - SWPPP Permit Requirement: Parts 6.2.2.3, 6.2.3.4, 6.2.5, and 6.2.7 of the Permit states, in part, "You must provide a map showing...a) size of the property in acres...d) location of all stormwater control measures...e) indication of whether the receiving water is impaired...g) location of potential pollutant sources...l) areas of Endangered Species Act- designated critical habitat for endangered or threatened species, and...m) locations of the following activities: loading/unloading areas, processing and storage areas, and immediate access roads and rail lines used or traveled by carriers of raw materials...By the end of the first year of your permit coverage under this permit you must inspect and document all discharge points at your facility as part of the SWPPP...Documentation of your evaluation must include: a) The date of the evaluation, b) A description of the evaluation criteria used; c) A list of the discharge points or on-site drainage points that were directly observed during the evaluation...Preventative maintenance procedures...including any back-up practices in place should a storm event resulting in a stormwater discharge occur...The SWPPP shall include the schedule or frequency for maintaining all control measures used to comply with the effluent limits in Part 2...You must document...in your SWPPP...The elements of your employee training plan shall include all, but not necessarily limited to, the requirements set forth in Parts 2.1.2.8, and also the following: ii The content of the training; iii The frequency/schedule of training...iv A log of the dates on which specific employees received training...You must sign and date your SWPPP in accordance with Appendix B, Subsection 11. AOC: At the time of the inspection, documentation of employee training, the schedule for maintenance/installation of gravel, and the required elements of the unauthorized non-stormwater discharge evaluation were not in the Stormwater Pollution Prevention Plan (SWPPP). Additionally, the following items were missing from the SWPPP map: 1) size of the property in acres, 2) location of all stormwater control measures, 3) indication of whether the receiving water is impaired, 4) location of potential pollutant sources, 5) areas of Endangered Species Act- designated critical habitat for endangered or threatened species, and 6) locations of the following activities: loading/unloading areas, processing and storage areas, and immediate access roads and rail lines used or traveled by carriers of raw materials. I also observed that the SWPPP was not signed and dated. During the closing conference of the inspection, the Authorized Representative signed and dated the SWPPP. Post-inspection, the Facility provided documentation regarding employee training, as well as documentation on gravel delivery and installation/maintenance. See Appendix II. SECTION VI - Closing Conference I held a closing conference with Mr. Duley at approximately 12:02 PM (PT) on September 17, 2024, regarding the inspection. During this conference, I discussed my Observations and the Areas of Concern that I identified during the inspection. Please note that these Observations and Areas of Concern have not yet been evaluated for a formal compliance determination. SECTION VII - List of Appendices 1. Appendix I - Photo Log 2. Appendix II - Post-Inspection Documentation APPENDIX I: Photo Log All photos listed below were taken by Lead EPA Inspector, Charissa Bujak, at the time of the inspection. Photos were not manipulated beyond minor cropping for sizing and labels or callouts to draw attention to the subject of the photo. All photos taken during the inspection are included in the Photo Log; however, only photos that support an Area of Concern are included in the inspection report. Photograph Log - Cedar Poles, LLC Photo #:01 (P190211) Description: Facing west, photo of dumpster by shop without a lid, as well as gravel and vegetated buffer north of Outfall 001 in forefront of phot. Photo #:02 (P9190210) Description: Facing down, photo of the SWPPP map at the time of the inspection. Photo #:03 (P9190293) Description: Facing down, photo of NOI submission page describing the 303(d)-listing status. Photo #:04 (P9190289) Description: Facing down, photo of SWPPP signed and dated on 9/19/2024. APPENDIX II: 1. Post-Inspection Documentation AOC Reference #: OBS-001 - Dumpster Lid near Shop. Page 1 of 1 AOC Reference #: RR-001 - Other - EPA's Integrated Compliance Information System (ICIS) Database - DMRs Page 1 of 2 AOC Reference #: RR-001 - Other - EPA's Integrated Compliance Information System (ICIS) Database - DMRs Page 2 of 2 AOC Reference #: RR-005 - Other - EPA's ICIS Database - Annual Reports Page 1 of 3 AOC Reference #: RR-005 - Other - EPA's ICIS Database - Annual Reports Page 2 of 3 AOC Reference #: RR-005 - Other - EPA's ICIS Database - Annual Reports Page 3 of 3 AOC Reference #: RR-006 - SWPPP Page 1 of 1 AOC Reference #: RR-006 - SWPPP Page 1 of 1 AOC Reference #: RR-006 - SWPPP Page 1 of 1