Document gbLMEq7aNoZbGXvop95E3DG99

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, REGION 2 CARIBBEAN ENVIRONMENTAL PROTECTION DIVISION MULITMEDIA PERMITS AND COMPLIANCE BRANCH Industrial Site NPDES Stormwater Reconnaissance Inspection Owner/Operator CHITOLIE TRUCKING SERVICE, LLC P.O. Box 2738, Kingshill, St. Croix, USVI 00851 Facility No. No. 2&4 Casava Gardens, Christiansted, St. Croix, VI 00820 Latitude: 17 43 11.00 N; Longitude: 64 44 34.41 W Telephone Number: 340-772-7000 Email: chitolietrucking@yahoo.com Sections 301(a) and 402 of the Clean Water Act NPDES Regulations: 40 C.F.R. 122 TPDES Tracking Number: VIU0025471 (ICIS) Receiving Water: Fig Tree Ghut and Cane Garden Bay (Caribbean Sea) Inspection Date: November 2, 2022 Participating Personnel: U.S. EPA: V.I. DPNR: CHITOLIE: Jim C. Casey, Senior Environmental Engineer Clean Water Act Team Courtney Dickenson, Environmental Engineer Division of Environmental Protection Tel. (340) 514-3666 Email: courtney.dickenson@dpnr.vi.gov Uriah Chitolie, Operations Manager Tel: (340) 332-9872 Email: chitolietrucking@yahoo.com 1 This assigned tracking number remains a valid reference for compliance monitoring activities related to the Chitolie Trucking Service's Facility at the above referenced address. Dion Alibocus General Manager Tel: (340) 719-9378 Email: chitolieconcrete@outlook.com Allan Chitolie, Owner Tel: (340) 772-7000 Email: chitolietrucking@yahoo.com Inspection Report Prepared by: Inspection Report Approving Officer: JIM CASEY Digitally signed by JIM CASEY Date: 2022.12.16 14:14:50 -04'00' ______________________ ______________ Jim C. Casey Date Senior Environmental Engineer Clean Water Act Team Tels.: (202) 655-1137; (340) 714-2333 Email: casey.jim@epa.gov JOSE Digitally signed by JOSE RIVERA RIVERA Date: 2022.12.16 15:24:24 -04'00' _______________________ ______________ Jos A. Rivera, BSCE Date Lead Environmental Engineer Clean Water Act Team Multimedia Permits and Compliance Tel.: (787) 977-5842 Email: rivera.jose@epa.gov Chitolie Trucking Service, LLC Inspection Report - November 2, 2022 NPDES Stormwater Reconnaissance Inspection Page 2 of 16 1. BACKGROUND Chitolie Trucking Service and Industrial Compound ("Chitolie" or the "Facility") is a trucking service provider, conducting a variety delivery and/or removal of materials operations ranging from fuel delivery to removal of debris from construction sites throughout the District of St. Croix, United States Virgin Islands ("USVI"). The Facility is located at No. 2&4 Casava Gardens, Christiansted, St. Croix, VI 00802. An aerial photograph of the Facility2 is featured as Figure 1 (below) of this Inspection Report. Figure 1 Chitolie Trucking Service, Christiansted, St. Croix, VI On November 2, 2022, Jim C. Casey (the "EPA Inspector") of the United States Environmental Protection Agency ("EPA" or "Agency"), Region 2, and Mr. Courtney Dickenson, Environmental Engineer of DPNR (together, the "Inspectors"), performed a joint-agency National Pollutant Discharge Elimination System ("NPDES") Stormwater Reconnaissance Inspection ("SWI" or "2022 Inspection")3 at the Facility. The purpose of the 2022 Inspection was to determine whether the industrial activities conducted by Chitolie Trucking Service, LLC ("Chitolie") at the Facility and discharge of storm water associated with those activities are subject to the regulations implementing the Clean Water Act ("CWA" or "Act"), as amended. The 2022 Inspection was performed pursuant to the inspection authority under Section 308(a) of the CWA. 2Chitolie's Facility, 2 & 4 Casava, St. Croix, USVI (Google Earth Pro Imagery, dated March 29, 2020). 3 This was an EPA led Inspection. Chitolie Trucking Service, LLC Inspection Report - November 2, 2022 NPDES Stormwater Reconnaissance Inspection Page 3 of 16 The focus of the 2022 Inspection included among others: a. Evaluation of the status of existing industrial activities being conducted within the Facility at the time of the 2022 Inspection. b. Evaluation of operations and practices conducted at the Facility which may potentially result in generated industrial process waste streams, associated treatment, and discharge of those waste streams into the close by waterways that discharges into the waters of Cane Garden Bay (Caribbean Sea). c. Evaluation of any Best Management Practices ("BMPs") in place associated with prevention and management of pollutants being discharged from the Facility into the Cane Garden Bay d. Review of any records associated with operations related to management of, and discharge of pollutants from the Facility into the surrounding environment. This Inspection Report (the "2022 Inspection Report") entails discussion of observations and findings, comments, and description of areas of concern regarding the conditions that existed at the Facility at the time of the SWI. Also included in this 2022 Inspection Report are the EPA Inspector's evaluation of Best Management Practices ("BMPs") instituted by Chitolie for control and prevention of discharges of pollutants through stormwater flows associated with industrial activity at the Facility into surrounding environment. 2. GENERAL INFORMATION ABOUT THE SWI ACTIVITIES The dates and times during which activities of the 2022 Inspection were conducted, and related weather conditions are summarized in Table 1 (on the next page). 3. GENERAL INFORMATION ABOUT FACILITY AND BUSINESS OPERATIONS The industrial activities that are conducted by Chitolie at its St. Croix location are characterized as the company's "primary industrial zone" in the USVI, which include: a. An area along the northwest and western borders of the Facility, where the company's fleet of trucks are staged in preparation to be dispatched to client locations, and for parking at the close of business. The EPA Inspector was informed by Mr. Uriah Chitolie that the company had seven (7) trucks in operation. b. A ready-mix concrete batch plant, and the storage of materials used in the manufacturing process, including aggregate (construction grade sands and gravel) storage, a store of cement, and several totes with chemical additives, all situated in the central section of the Facility. According to Mr. Uriah Chitolie, the company's support operations include: Chitolie Trucking Service, LLC Inspection Report - November 2, 2022 NPDES Stormwater Reconnaissance Inspection Page 4 of 16 Dates of Facility Visits 11-2-2022 Table 1 Inspection Activity Entrance Interview On-Site - The Inspectors entered the Facility and requested to speak with Mr. Allan Chitolie, Owner or another manager who was available. Owner not available, and the EPA Inspector requested that Mr. Uriah Chitolie or Mr. Dion Alibocas be reached. Uriah Chitolie arrives and meet with Inspectors. Inspectors stated the purpose for their presence and the EPA Inspector presented his EPA Inspector's Credentials. End of Entrance Interview. The EPA Inspector requested access to the Facility records associated with activities that are conducted on-site. Records are not readily available on-site. Time Started & Ended 9:30 pm 10:00 am The EPA Inspector requested a copy of the most recent representative Site Plan for the Facility to facilitate the walkthrough. The Site Plan was not readily available. The Inspectors began the walkthrough in the vicinity of the northeast corner of the Facility, and evaluated all operations observed while on-site. End of walkthrough. The EPA Inspector conducted an Exit Meeting in Facility's Administrative Office Building with Mr. Uriah Chitolie. Ended Exit Meeting. The EPA Inspector left Facility premises. Exited Facility 10:10 am 11:15 am 11:30 am Weather Condition Dry, clear skies, sunny, (midmorning) 1. A large maintenance shop in which multiple vehicles and heavy equipment can be serviced at a given time. The maintenance shop is situated along the southern border. 2. A fueling terminal for servicing the company's fleet of vehicles and heavy equipment. c. An administrative Office and control room for the manufacturing operations. d. Associated support activities, including a large mechanical servicing garage, storage of bulk quantities of lubricants, waste oils, and a vehicle fueling terminal. Chitolie Trucking Service, LLC Inspection Report - November 2, 2022 NPDES Stormwater Reconnaissance Inspection Page 5 of 16 e. Administrative offices and an employee parking lot. The business operations of the Facility are best described by the primary Standard Industrial Classification ("SIC") Code 3273 (Ready-mixed Concrete) and a secondary code of 4212 (Local Trucking Without Storage)4. 4. GENERAL INFORMATION ABOUT TROPICAL'S OWNERS Chitolie is a corporation authorized to do business in the USVI. The relevant principals of the corporation identified at the time of the 2022 Inspection were Mr. Allan Chitolie, Owner, Uriah Chitolie, Operations Management and Mr. Dion Alibocas, General Manager, and whose corporate office is located at the address referenced in Section 1 above. 5. APPLICABLE REGULATIONS AND PERMITS Discharges of Industrial Waste Streams into Waters of the United States Section 301(a) of the CWA, 33 U.S.C. 1311(a), provides in part that "[e]xcept as in compliance with [CWA 402], the discharge of any pollutant by any person shall be unlawful." Pursuant to the NPDES regulation at 40 C.F.R. 122.1(b), a NPDES permit is required for the discharge of any pollutant from any point source into waters of the United States. Section 402(a)(1) of the Act, 33 U.S.C. 1342(a)(1), provides that "the Administrator may, after opportunity for public hearing, issue a permit for the discharge of any pollutant.... upon condition that such discharge will meet.... such requirements as the Administrator determines are necessary to carry out the provisions of the [CWA]." The USVI statute at 12 V.I.C. 185(a), states in part, that except as provided in this chapter and any rule and regulations promulgated hereto, the discharge of pollutants into waters of the USVI by any person, shall be unlawful. Discharges of Storm Water Associated with Industrial Activity into Waters of the United States Section 402(p)(2)(B) of the CWA authorizes the Administrator of EPA to issue NPDES permits to storm water discharges associated with industrial activity. EPA promulgated NPDES regulations defining the term storm water associated with industrial activity. Those regulations are codified in 40 C.F.R. 122.26(b). The industrial activity classified under SIC Codes 3273 (Ready-mixed Concrete) and 4212 (Local Trucking Without Storage) are included in the definition of storm water discharges associated with industrial activity. See 40 CFR 122.26(b)(14)(ii) and (viii); respectively. 4Refer to 40 C.F.R. 122.26(b)(14)(viii) for transportation facilities classified as Standard Industrial Classifications 40, 41, 42 (except 4221-25), 43, 44, 45, and 5171, which have vehicle maintenance shops, equipment cleaning operations, ect. Chitolie Trucking Service, LLC Inspection Report - November 2, 2022 NPDES Stormwater Reconnaissance Inspection Page 6 of 16 On June 20, 2007, VIDPNR promulgated regulations pursuant to USVI Statute at 12 V.I.C. Chapter 7, Subchapter 184-45, which require owners/operators of facilities with storm water discharges associated with industrial activities to apply for and obtain coverage under a Territorial Pollutant Discharge Elimination System ("TPDES") permit. Pursuant to Section 301(a) and 402(p) of the CWA, 33 U.S.C. 1311(a) and 1342(p), and 40 C.F.R. 122.21 and 122.26(e), and USVI's Statute at 12 V.I.C. Chapter 7, Subchapter 184-45, if evidence reveals that Chitolie's stormwater discharges associated with industrial activity from its Facility meet the industrial classifications for a discharges related to Ready-Mixed Concrete and a Local Trucking Service without storage operations that reaches a water of the Virgin Islands, then Chitolie was required to apply for and obtain TPDES permit coverage. TPDES Permitting VIDPNR issued the TPDES Multi-Sector General Permit ("MSGP") pursuant to Subsection 184-46(a)(2)(i) of the TPDES regulations. The MSGP became effective on January 1, 2012 and expired on December 31, 2016. Since then, the MSGP was reissued on March 1, 2017 ("2017 MSGP" or the "Permit"), which expired on February 28, 2022. 6. GENERAL INFORMATION ABOUT THE RECEIVING WATERS The Facility is situated in an industrial zone along the south-central coastal region of St. Croix watershed that drains into the Cane Garden Bay (Caribbean Sea). An aerial view of location of the Facility and immediate surroundings are depicted in satellite imagery of the reference watershed area featured in Figure 2, (Source: https://nepassisttool.epa.gov/nepassist/nepamap.aspx) on the next page. 7. PRE - 2022 INSPECTION FILES REVIEW On October 28, 2022, the EPA Inspector conducted a review of documents in the case file for Chitolie maintained at EPA's office in the USVI and searched EPA's Integrated Compliance Information System ("ICIS") and the Enforcement and Compliance History Online ("ECHO") databases to determine the TPDES permitting status, and recent compliance history, respectively. These records review revealed the following, among others, that: a. Chitolie does not have an TPDES permit to discharge pollutants through the discharge of storm water associated with industrial activities from its Facility into the surrounding environment. Chitolie Trucking Service, LLC Inspection Report - November 2, 2022 NPDES Stormwater Reconnaissance Inspection Page 7 of 16 Figure 2 Chitolie Trucking Service's Facility situated within the south-central section of the St. Croix Watershed Chitolie Trucking Service's & Industrial Compound b. An NPDES Inspection at Chitolie's St. Croix Facility had not been performed by DPNR or EPA prior to the 2022 Inspection. 8. ENTRY, REVIEW OF RECORDS, AND WALKTHROUGH IN THE FACILITY a. Entry into the Facility On November 2, 2022, the EPA Inspector entered the Facility at approximately 9:30 a.m., but was advised that Mr. Uriah Chitole and Mr. Dion Alibocas were not readily available. The EPA Inspector made arrangements to reach either of the company representatives and waited on-site for the return of one of them to the Facility. Mr. Uriah Chitolie returned, and the Inspectors met with Mr. Uriah Chitolie at about 9:45 a.m. at the Facility's Administrative Office. The EPA Inspector established the purpose for his presence onsite and presented his Inspector's Credentials issued by the Agency. The Representatives of Chitolie provided a general description of the daily industrial activities that are conducted at the Facility. The EPA Inspector was informed that at the time of the 2022 Inspection, Chitolie featured a work force of about twenty-six (26) employees, ready-mix concrete production was occurring and that a few deliveries to clients had already happened just prior to start of the 2022 Inspection. Mr. Uriah Chitolie informed the EPA Inspector that the company generates approximately 300 cubic yards of ready-mix concrete weekly. Chitolie Trucking Service, LLC Inspection Report - November 2, 2022 NPDES Stormwater Reconnaissance Inspection Page 8 of 16 b. Review of records maintained at the Facility at time of the 2022 Inspection Immediately following the entry meeting, the EPA Inspector requested a list of documents for the Agency's review, including: - Copy of application(s) for an appropriate TPDES permit Chitolie Trucking Services or Chitolie Concrete has submitted to DPNR for operating and discharging pollutants into the environment. The application should include: o Signed and dated Notice(s) of Intent (NOI); and o Copy of the Storm Water Pollution Prevention Plan (SWPPP), signed and dated. - Copy of letter from VIDPNR in which approval of TPDES permit coverage was issued to Chitolie for its regulated Facility. - Copy of the USVI issued business license for the industrial operations conducted at the Facility. - Copy of the Stormwater Drainage Site Plan for the Facility. - Copies of aerial photographs of sections of the Facility documenting the physical changes that have occurred and documented by Chitolie. - Narrative describing the approximate date (month and year) that Chitolie Trucking Services and Chitolie Concrete, respectively, started operations. - The names of the owners and/or principals of the companies, and their specific contact information (business address, telephone numbers and e-mail addresses, etc.). Mr. Uriah Chitolie informed the EPA Inspector that the documents requested were not available, and likely have not been developed. He further informed the Inspectors that he was in consultation with a technical consultant regarding steps needed to obtain the required TPDES permit for the company to continue to operate. The EPA Inspector informed Mr. Chitolie that the Agency will issue a follow-up request for the identified records to the company's attention through an electron-mail ("e-mail") correspondence5 after the date of the 2022 Inspection. A copy of EPA's November 15, 2022 e-mail correspondence to Chitolie is featured in ATTACHMENT 2 of this 2022 Inspection Report. c. Conduct of the Walkthrough of the Facility The Inspectors began the walkthrough in the northeastern section of the Facility accompanied by Mr. Uriah Chitolie. The EPA Inspector evaluated the following sections and operations being conducted at the Facility and made observations and preliminary findings as described below. These observations and preliminary findings were also documented through pictures, which are featured in ATTACHMENT 1 - CHITOLIE'S November 2, 2022 NPDES SWI Photo Album. 5 EPA issued a follow-up request for information through an e-mail dated November 15, 2022. Chitolie Trucking Service, LLC Inspection Report - November 2, 2022 NPDES Stormwater Reconnaissance Inspection Page 9 of 16 1. Materials (Aggregate and Cement) Storage Area a. Potential for release of Aggregate (sand and gravels) out of the Facility - Observed that the aggregate cells are situated in the stormwater runoff flow path, and thus an increased chance being washed-off and discharged off-site by stormwater that comes into contact with the materials. See IMGs 760 and 762 of CHITOLIE'S November 2, 2022 NPDES SWI Photo Album, ATTACHMENT 1, of the 2022 Inspection Report. b. Failure to minimize discharge of Pollutants from the Facility - Observed that some bags of cement in the materials storage area were ripped and their content spilled onto the ground. The spilled cement was observed in the stormwater runoff flow path and would readily be washed-off by stormwater that comes into contact with the material and will be discharged off-site. See IMGs 765, 767 and 768 of CHITOLIE'S November 2, 2022 NPDES SWI Photo Album, ATTACHMENT 1, of the 2022 Inspection Report. 2. Vicinity of the Ready-Mixed Concrete Batch Operation a. Failure to segregate process wastewater from stormwater runoff - Observed a dry-weather flow stream from around the concrete batch plant that drained towards a shallow depression in the ground situated in the middle of the Facility. According to Uriah Chitolie, the observed shallow depression serves as a "retention area" for stormwater runoff and waste streams generated onsite, which in turn drains along the ground and out of the Facility into the public road. See IMGs 785, 783, 763 and 764 of CHITOLIE'S November 2, 2022 NPDES SWI Photo Album, ATTACHMENT 1, of the 2022 Inspection Report. b. Failure to minimize potential release of pollutants - Observed that the chemical application system (totes and application hoses) for the ready-mix concrete manufacturing process was not situated in a containment through which leaks, and accidental spills of the chemical additives would be captured, minimizing the chances of releases of the pollutants exposed to stormwater runoff flow from the area in question. See IMGs 783 and 784 of CHITOLIE'S November 2, 2022 NPDES SWI Photo Album, ATTACHMENT 1, of the 2022 Inspection Report. c. Potential for discharge of Pollutants from the Ready-mixed Concrete Loading Bay - Observed that the product loading bay is situated in a location and oriented in a manner, that spilled residues of ready-mix concrete or wastewater generated from washing of residues off the exterior of concrete trucks within the general loading bay, will drain-off into the nearby road. See IMGs 786, 780 and 781 of CHITOLIE'S November 2, 2022 NPDES SWI Photo Album, ATTACHMENT 1, of the 2022 Inspection Report. Chitolie Trucking Service, LLC Inspection Report - November 2, 2022 NPDES Stormwater Reconnaissance Inspection Page 10 of 16 3. Waste Management Operation Areas a. Failure to Minimize the Potential for Release of Improperly Stored Used-oil - Observed a large metal tank in which Chitolie stores used oil generated from servicing its fleet of trucks, other vehicles, and heavy equipments. The used oil storage tank was not within a containment to capture leaks and accidental spills that may occur during management of the waste. The EPA Inspector also observed several smaller containers (5-gallons plastic buckets and cut-metal drums with used oil residues) staged immediately around the larger storage tank and not within a containment for prevention of additional releases of the pollutant in the event of accidental spills from the smaller vessels. b. Improper housekeeping practices at Facility's Used Oil Management Station - The EPA Inspector observed that the surface of the storage vessel was wet with oil residue, and the ground surface beneath it appeared saturated from spilled used oil. The storage tank was exposed to all environmental conditions. Stormwater runoff that comes in contact with the oil-saturated soil will readily transport the pollutant from and out of the Facility. Concerns described in sub-paragraphs 8.c.3.a and b, immediately above were supported condition captured in IMG 769 of CHITOLIE'S November 2, 2022 NPDES SWI Photo Album, ATTACHMENT 1, of the 2022 Inspection Report. 4. Fueling Terminal Area a. Potential for release of petroleum product during operation of the fueling terminal - The EPA Inspector did not observe containment around the area where vehicles are positioned to be serviced at the fueling terminal. In the event of fuel releases caused by accidental spilled or leaks during fueling operation, petroleum products will fall immediately onto the ground area in front of the metal containment within which the fuel storage tanks sit. The fueling terminal is exposed to all environmental conditions. Stormwater runoff flow will readily come into contact with the petroleum product saturated soil and will be transported off-site. See IMGs 772 of CHITOLIE'S November 2, 2022 NPDES SWI Photo Album, ATTACHMENT 1 of the 2022 Inspection Report. 5. Maintenance Shed Area a. Improper management of regulated hazardous wastes - The EPA Inspector observed many spent automobile batteries staged on the floor of the mechanical maintenance shed where the Facility's vehicle fleet and heavy equipments are serviced. The spent batteries were situated in very close proximity to operational machinery used during mechanical repair work and metal drums with materials. See IMG 771 of CHITOLIE'S November 2, 2022 NPDES Stormwater SWI Photo Album, ATTACHMENT 1, of the 2022 Inspection Report. Chitolie Trucking Service, LLC Inspection Report - November 2, 2022 NPDES Stormwater Reconnaissance Inspection Page 11 of 16 6. The Stormwater Retention Area The EPA inspector observed a relatively shallow depression situated in the central section of the Facility which is oriented to receive stormwater runoff and dryweather flows. Mr. Uriah Chitolie informed the EPA Inspector that the shallow depression serves as a stormwater retention pond. The EPA Inspector observed the following conditions: a. Potential for Discharge of spent ready-mixed concrete out of the Facility - Observed that spent ready-mixed concrete was used to form a containment berm around part of the Facility's stormwater retention pond. See IMG 773 of CHITOLIE'S November 2, 2022 NPDES SWI Photo Album, ATTACHMENT 1, of the 2022 Inspection Report. b. Wet-weather flow discharged out of the Facility - Observed that a dry-weather flow event of wastewater from the retention pond was occurring at the time of the walkthrough, which flowed out of the Facility, and into the public road. See IMGs 774 and 775, 777 and 778 of CHITOLIE'S November 2, 2022 NPDES Stormwater SWI Photo Album, ATTACHMENT 1, of the 2022 Inspection Report. Evidence revealed that the spent ready-mixed concrete forming the berm will readily be washed-out by stormwater runoff flow, and eventually discharged out of the Facility. d. Conveyances through which Tropical Discharged Storm Water Associated with an Industrial Activity During the 2022 Inspection, evidence revealed that Chitolie discharges stormwater associated with industrial activities through the Facility's two entrances/exits situated along the northern border. Stormwater associated with industrial activities leaving the Facility flows downhill along the left side of the public road, drains into the Fig Tree Ghut located about 200 yards, which eventually discharges into Cane Garden Bay along the south-central coastline of St. Croix. The evidence for both outfalls revealed that: o Outfall 1 - Stormwater runoff flow from through the area around the administrative office building and the upper entrance/exit used to access the ready-mixed concrete loading bay. Outfall 1 is featured in IMG 782 in Part B of CHITOLIE'S November 2, 2022 NPDES Stormwater SWI Photo Album, ATTACHMENT 1, of the 2022 Inspection Report. o Outfall 2 - Stormwater runoff flow through the lower entrance/exit through which the dry-weather discharge flow was observed flowing out of the Facility during the 2022 Inspection. Outfall 2 is featured in IMG 777 in Part B of CHITOLIE'S November 2, 2022 NPDES Stormwater SWI Photo Album, Chitolie Trucking Service, LLC Inspection Report - November 2, 2022 NPDES Stormwater Reconnaissance Inspection Page 12 of 16 ATTACHMENT 1, of the 2022 Inspection Report. e. General findings and associated determinations 1. Based on findings and observations made during the 2022 Inspection, and evidence documented above, industrial activity conducted by Chitolie meets the industrial classification of a Facility that conducts Ready-Mixed Concrete manufacturing and commercial service of Local Trucking Without Storage, and that Chitolie discharges stormwater associated with these industrial activities into the Fig Tree Ghut, which drains into waters of Cane Garden Bay6. 2. Findings and observations made during the 2022 Inspection reveals that, Chitolie may be subject to TPDES Rules for the discharge of industrial process waste streams and stormwater associate industrial activities (referenced above) into waters of the USVI. 9. EXIT MEETING At the conclusion of the walkthrough, the EPA Inspector met with Mr. Uriah Chitolie at the Facility's Administration Office. The EPA Inspector summarized his observations and findings made during the walkthrough of the 2022 Inspection and advised that the Agency would be issuing a formal written report reflecting all relevant concerns and observations made for the information of Chitolie's management, and its advisement of corrective actions required to come into compliance with the CWA, the Virgin Islands Water Pollution Control Act ("WPCA"), and their respective implementing regulations. The EPA Inspector also advised Mr. Uriah Chitolie that the documents requested but not readily available for the Agency's review during the 2022 Inspection, in addition to other information determined as required for completion of the 2022 Inspection Report, will be requested through electronic correspondences following the date of the 2022 Inspection. 10. POST INSPECTION COMMUNICATIONS WITH CROWLEY AND REVIEW OF RECEIVED INFORMATION Through a November 15, 2022 e-mail correspondence (featured as ATTACHMENT 2 of the 2022 Inspection Report), the EPA Inspector requested information from the management of Chitolie. The EPA Inspector received a response from Mr. Dion Alibocas, Manager of Chitolie Concrete Operations through e-mail correspondences submitted during the period of November 17-18, 2022, transmitting most of the information requested by EPA. 6 This water is also identified among impaired water bodies in the 2020 USVI Integrated Water Quality Monitoring & Assessment Report, required by CWA Sections 303(d) and 305(b), as submitted by DPNR to EPA (https://dpnr.vi.gov/wp-content/uploads/2021/03/2020-USVI-Integrated-Report-FINAL.pdf). Cane Garden Bay meets the definition of a water of the USVI, and water of the US. Chitolie Trucking Service, LLC Inspection Report - November 2, 2022 NPDES Stormwater Reconnaissance Inspection Page 13 of 16 Review of the November 17-18, 2022 information submittal from Chitolie revealed the following: 1. Chitolie has not submitted an NPDES application, including a signed and dated Notice of Intent and Storm Water Pollution Prevention Plan to the attention of VIDPNR to secure coverage under the MSGP for its Facility. 2. Confirmed that the principals of Chitolie in the USVI are Mr. Allan Chitolie, Owner, Mr. Uriah Chitolie, Trucking Operations Manager, and Mr. Dion Alibocas, Concrete Operations Manager. 3. The Facility started its ready-mixed concrete manufacturing operation approximately in November 2021. End of Report ATTACHMENT 1 - CHITOLIE'S November 2, 2022 NPDES Stormwater SWI Photo Album ATTACHMENT 2 - EPA's November 15, 2022 request for documents identified during the 2022 Inspection for the Agency's review. Chitolie Trucking Service, LLC Inspection Report - November 2, 2022 NPDES Stormwater Reconnaissance Inspection Page 14 of 16 ATTACHMENT 1: EPA's November 15, 2022 request for documents identified during the 2022 Inspection for the Agency's review. Chitolie Trucking Service, LLC Inspection Report - November 2, 2022 NPDES Stormwater Reconnaissance Inspection Page 15 of 16 ATTACHMENT 2: CHITOLIE'S November 2, 2022 NPDES SWI Photo Album Chitolie Trucking Service, LLC Inspection Report - November 2, 2022 NPDES Stormwater Reconnaissance Inspection Page 16 of 16 CHITOLIE TRUCKING SERVICE, NPDES Reconnaissance Stormwater Inspection (SWI) Photo Album; 11-2-2022 Walkthrough A. Observations that revealed potential non-compliance with regulations implementing the CWA and TPDES Stormwater Rules during the SWI Walkthrough IMG 760-Storage cell with sand situated about mid- IMG 762-Storage cell with gravel situated next to way along the eastern border of the Facility. Cell is sand storage. Storage area exposed to stormwater exposed to rain and stormwater runoff flow. runoff flow, leading to wash-off of material. IMG 767-Bags of cement stored immediately next IMG 768-Observed that the cement bags and spilled to aggregate (sand & gravel) cells. Some bags were cement sits in the stormwater flow path. Cement ripped, with cement spilled onto ground. spilled will be washed-off by stormwater runoff. 1 IMG 765-Close-up of cement and gravel in the path IMG 766-Close-up retention pond, and deposited of stormwater flow that drains toward the retention spent concrete used to form a berm. IMG 763-Observed dry-weather flow coming from IMG 764-Path of dry-weather flow from the ready- the ready-mix concrete plant and drained towards mix concrete plant running across the yard towards the pond. the retention pond. IMG 773-Edge of the pond where spent concrete to IMG 774-Dry-weather flow the pond drains away a berm. The berm ineffective because a dry-weather from the pond across the yard towards the lower flow drained from the pond. and out of the Facility. entrance/exit, transporting pollutants (e.g., industrial wastewater). 2 IMG 775-Dry-weather flow being discharged from IMG 777-Dry-weather flow leaving the Facility and Facility through the lower entrance/exit. out into the public road. IMG 778-View of dry-weather flow event occuring IMG 776-Evidence of stormwater flow path from and running along left side of the road downhill a staging area for fuel-tanker trucks, dump trucks in the stormwater flow path along the road. other heavy equipments before draining off-site. IMG 786-View of ready-mixed concrete loading bay, the wider ready-mixed manufacturing plant. situated adjacent to the Admin Office. IMG 780-Close-up of the ready-mixed concrete loading bay, inclined down towards the public road. 3 IMG 781-View of the ready-mix loading bay, upper IMG 782-Evidence of track-out of pollutants from entrance/exit and stormwater flow path out of the Facility and into the public road. Path of stormwater Facility and into the public road. runoff leaving the Facility from upper entrance/exit. IMG 771-Accummulation of spent auto batteries IMG 769-Container in which the Facility's used oil situated on floor of maintenance shed in potentially is collected and stored on-site. Improper housekeep- managed under incompatible conditions. ing conditions observed and documented. IMG 772-Facility's fueling terminal situated in path of stormwater flow. No containment in area where vehicles are staged for fueling service. 4 IMG 785-Accumulation of water beneath ready-mix IMG 783-Close-up of accumulated water beneath Ed concrete batch plant related to operations of the the batch plant, and point where dry-weather flow system. Source of a dry-weather flow observed. observed began. IMG 784-Observed totes of chemical additives with connective application hoses by stormwater into the ready-mix concrete manufacturing process. 5 B. Identified outfalls for the discharge storm water associated with industrial activity from the Facility, as observed during SWI Walkthrough on November 2, 2022. Outfall 1 Outfall 1 - Discharge of stormwater flow from the upper driveway into area stormwater drainage system, then into Cane Garden Bay IMG 782-Discharge point where stormwater runoff flow from around the Ready-Mixed Concrete Plant loading bay and vicinity of the Administrative Building are combined and discharged into the public road through the upper entrance/exit. Stormwater flow drains into Fig Tree Ghut, and Cane Garden Bay downstream. Outfall 2 Outfall 2 - Discharge of stormwater flow from the lower driveway into the area stormwater drainage system, then into the Cane Garden Bay IMG 777- Discharge point where stormwater runoff flow from the central area (shallow retention pond) combined with flow from the northwestern (truck parking area) of the Facility and discharged into the public road through the lower entrance/exit. Stormwater flow drains into Fig Tree Ghut, and Cane Garden Bay downstream. 6