Document om8oGm1EkzgMa6aN2wEkXrpNR

U.S. EPA Headquarters Enforcement Division 1200 Pennsylvania Avenue NW, Washington, DC 20004 UNPERMITTED INDUSTRIAL FACILITY STORMWATER INSPECTION CHECKLIST Inspection Date Time Weather Conditions Media/Program May 15, 2024 Entry: 3:00 PM Exit: 3:55 PM Sunny and approximately 84 F Water - CWA 301, 402 - Industrial SW/NEC Operator Name: Facility or Site Name: Permit ID or Tracking #: SIC Code: Briones Trucking Briones Towing and Wrecking N/A; No permit at the time of the inspection Not known by the facility owner. Based on observed activities, likely either 7549--Automotive Services, Except Repair and Carwashes or 5093-Scrap and Waste Materials Facility Address: (city, state, zip code) Geographic Coordinates: Mailing address: (city, state, zip code) County: Regular Days/Hours of Operation: # of Employees at location: Size of Facility (in acres): Receiving Water(s): Date facility est. @ location: The Facility leases a portion of the yard to Delta Solid Waste for storage of dumpsters and construction and demolition waste. 3217 US-175 Frontage Road Seagoville, TX 75159 32.671390, -96.594002 3217 US-175 Frontage Road Seagoville, TX 75159 Dallas County 6:00 AM - 5:00 PM (M - F); 6:00 AM - 12:00 PM (Sat); Closed (Sun) 4 Approximately 5.5 acres in total with approximately 5.5 acres of outdoor activity Golf Branch Creek is approximately 1,645' to the southeast 2007 Onsite Representatives: Name: None Title: None Phone: None Email: None Authorized Official: Contacted? Yes; via telephone No Name: Juan Briones Title: Owner Phone: (214) 697-5442 Email: brionestowing@gmail.com Additional Personnel Participating in Inspection: Name: None Title: None Inspector(s): Christopher Pardo Ryan Marrero-Vila Ivy Koberlein Sharron Crayton Carol Johnson Destinee Agwuna Title: Lead Inspector Inspector Inspector Inspector Inspector Inspector Company: ERG (USEPA contractor) ERG (USEPA contractor) USEPA, Headquarters USEPA, Region 6 USEPA, Region 6 USEPA, Region 6 Page 1 of 6 Inspection Report Author: Name: Ryan Marrero-Vila Supervisor Review: Name: Signature: Signature: Briones Towing and Wrecking - Stormwater Inspection 5/15/2024 All photos taken by Christopher Pardo, ERG Date: June 6, 2024 Date: 07/10/2024 SECTION I - INTRODUCTION Purpose of the Inspection The purpose of the inspection was to determine compliance with the industrial stormwater requirements under 301 and 402(p) of the Clean Water Act (CWA) and its implementing regulations found at 40 Code of Federal Regulations (CFR) Part 122.26. The inspection was unannounced and consisted of interviewing Facility representatives, recording field observations, and taking photographs to document site conditions throughout the Facility at the time of the inspection. Opening Conference 1) Brief narrative documenting those present, introductions, presentation of credentials, and explanation of the purpose of the inspection. On May 15, 2024, a U.S. Environmental Protection Agency (EPA) contractor, Eastern Research Group, Inc. (ERG), conducted an industrial stormwater non-filer inspection at Briones Towing and Wrecking located in Seagoville, Texas (Facility). The Facility was unstaffed at the time of inspection. Upon arrival, Ivy Koberlein of EPA Headquarters, Sharron Crayton, Carol Johnson, and Destinee Agwuna of EPA Region 6, and Chris Pardo and Ryan Marrero-Vila of ERG (collectively, EPA Inspection Team) contacted the Facility owner, Juan Briones, over the phone. The EPA Inspection Team explained that it was EPA's understanding that the Facility did not have an industrial stormwater permit. The EPA Inspection Team explained they were onsite to conduct a Clean Water Act stormwater inspection, which includes observing the current operations of the facility and assessing the potential for stormwater discharges from the Facility. Juan Briones gave his verbal consent to allow the inspection to proceed. The EPA Inspection Team conducted the inspection without on-site representation from Briones Towing and Wrecking or Delta Solid Waste, a Facility tenant. The weather at the time of the inspection was sunny and approximately 84F. According to precipitation data from the National Oceanic and Atmospheric Administration (NOAA)1, the Seagoville, Texas area received trace amounts of rain the day prior to the inspection and none the day of the inspection. 2) Credentials presented to: Credentials and inspection authority were presented to Juan Briones over the telephone. 1Source: NOAA National Climatic Data Center (http://www.ncdc.noaa.gov/). Page 2 of 9 Briones Towing and Wrecking - Stormwater Inspection 5/15/2024 All photos taken by Christopher Pardo, ERG 3) Facility acknowledged receiving previous outreach materials or correspondence on Permit requirements? Yes x No Describe: N/A 4) Facility has been individually notified by permit authority or EPA that it is subject to stormwater requirements? Yes x No Describe: N/A FACILITY'S OPERATION & PRODUCT DESCRIPTION Description of business and industrial activities occurring throughout the site. (Include operator's description and note any documentation that further establishes SIC code (permit applications, reports, business registries, website...). Briones Towing and Wrecking was observed by the EPA Inspection Team to be a multipurpose storage yard and truck maintenance shop owned by Juan Briones. Briones Towing and Wrecking (Facility) occupies approximately 80 percent of the Facility (refer to Appendix A). The Facility held one house and one maintenance shop. The Facility is used for truck/trailer storage, truck maintenance, and truck dismantling for reuse or scrap. The western and eastern portions of the Facility are used for the storage of commercial semi-trucks and other miscellaneous materials such as cinder blocks, wooden pallets, and plywood. The northern portion of the Facility contains a maintenance shop which conducts operations such as vehicle fluid changes, truck repair, and truck dismantling. The southeast corner of the Facility has been leased to Delta Solid Waste, which stores roll-off dumpsters full of construction and demolition waste materials at the Facility. Other industrial facilities owned/operated by same business entity Yes x No Describe: N/A SECTION II - OBSERVATIONS Pollutant Sources Loading/Unloading Operations Industrial Manufacturing/ Processing Operations SITE EVALUATION Note location, quantity/size, design issues, any O&M deficiencies (including the nature and extent), potential pollutants, and evidence of exposure to stormwater. Are BMPs in place to minimize or eliminate stormwater discharges from industrial activities? The EPA Inspection Team did not observe vehicles loaded or unloaded at the Facility during the inspection. Delta Solid Waste hauls loaded roll-offs filled with construction and demolition debris using the Facility as storage yard for these loaded roll-offs [refer to Appendix B, Photo Log (Photographs 5, 10-13, and 15)]. The Facility's operations include roll-off dumpster storage, truck storage, miscellaneous materials storage, and truck repair/maintenance. Page 3 of 9 Briones Towing and Wrecking - Stormwater Inspection 5/15/2024 All photos taken by Christopher Pardo, ERG Pollutant Sources SITE EVALUATION Note location, quantity/size, design issues, any O&M deficiencies (including the nature and extent), potential pollutants, and evidence of exposure to stormwater. Are BMPs in place to minimize or eliminate stormwater discharges from industrial activities? Industrial Machinery & Equipment Storage Storage of Industrial Materials or Products The EPA Inspection Team observed evidence of two (2) truck dismantling operations at the Facility. In the southern portion of the truck storage yard, scrap body panels of a dismantled commercial truck were observed stored on the ground and on a truck trailer [refer to Appendix B, Photo Log (Photograph 20)], and in the northeastern corner of the truck storage yard, two (2) partially dismantled commercial trucks were observed with exposed engine bays [refer to Appendix B, Photo Log (Photographs 32-34)]. The EPA Inspection Team observed approximately 20 commercial semi-trucks and five (5) pickup trucks stored outside on the Facility yard [refer to Appendix B, Photo Log (Photographs 4, 17, and 32)]. The EPA Inspection Team observed an outdoor storage area along the Facility's western side. The EPA Inspection Team observed piles of cinder blocks, wooden pallets, and plywood stored in this area [refer to Appendix B, Photo Log (Photographs 18 and 19)]. Liquid Storage (e.g., Tanks, Liquid Storage Drums) The EPA Inspection Team observed a used motor vehicle oil storage area located in the northeastern portion of the truck storage yard. The EPA Inspection Team observed two (2) 300-gallon Intermediate Bulk Containers (IBC) tote tanks, two (2) 55- gallon drums, ten (10) 5-gallon buckets, and additional oil containment pans/jugs which were full or partially full of used oil. No secondary containment was observed and approximately 70 square feet of earthen surface was stained with oil around the used oil storage area, and a strong hydrocarbon smell was also noted. Additionally, five (5) of the oil-filled buckets had no lids and the easternmost IBC tote tank's outer walls were covered in used oil possibly indicating it was overfilled. All of the liquid storage was exposed to stormwater [refer to Appendix B, Photo Log (Photographs 35-37, 41-44, and 48-50)]. The EPA Inspection Team observed three (3) 55-gallon drums of hydraulic oil stored outside along the northern wall of the Facility's maintenance shop [refer to Appendix B, Photo Log (Photographs 2 and 3)]. In addition, the EPA Inspection Team observed one (1) exposed 5-gallon bucket containing an unidentified waste fluid and six (6) uncovered 5-gallon buckets of hydraulic fluid stored directly on the ground in the eastern portion of the truck storage yard [refer to Appendix B, Photo Log (Photographs 26, 29 and 30)]. Neither the hydraulic oil storage nor the five- Page 4 of 9 Briones Towing and Wrecking - Stormwater Inspection 5/15/2024 All photos taken by Christopher Pardo, ERG Pollutant Sources SITE EVALUATION Note location, quantity/size, design issues, any O&M deficiencies (including the nature and extent), potential pollutants, and evidence of exposure to stormwater. Are BMPs in place to minimize or eliminate stormwater discharges from industrial activities? gallon buckets of hydraulic fluid were contained, and all were exposed to stormwater. The EPA Inspection Team observed approximately sixteen (16) uncovered roll-off dumpsters in the southern corner of the Facility, which is leased to Delta Solid Waste. The roll-offs were full of construction and demolition debris [refer to Appendix B, Photo Log (Photographs 5, 10-12, and 15)]. The EPA Inspection Team observed a large, uncovered concrete washout of approximately 400 square feet. The concrete washout was not fully hardened indicating that it had recently been used [refer to Appendix B, Photo Log (Photographs 6-8)]. Waste Storage/Disposal Areas (solid and/or hazardous) The EPA Inspection Team observed multiple unconsolidated accumulations of concrete waste and miscellaneous construction and demolition debris located on the ground in the area leased by Delta Solid Waste [refer to Appendix B, Photo Log (Photographs 9, 13, 14, and 16)]. The EPA Inspection Team observed various piles of scrap metal parts associated with the truck repair shop in the northern portion of the Facility [refer to Appendix B, Photo Log (Photograph 35)]. One (1) uncovered roll-off dumpster containing scrap metals was observed along the eastern portion of the Facility [refer to Appendix B, Photo Log (Photographs 22 and 23)]. The EPA Inspection Team observed used tires, wheels, bumpers, lead-acid batteries, and other miscellaneous truck parts stored without cover either directly on the ground or in trailers [refer to Appendix B, Photo Log (Photographs 22, 24, 25, 29, 35, and 49-51)]. Waste Treatment Facilities (e.g., Pretreatment Systems) Fueling Stations/Equipment Maintenance Areas & Cleaning Areas Sediment & Erosion See above section labeled Liquid Storage (e.g., Tanks, Liquid Storage Drums) for more information on the Facility's used oil storage area. None observed or reported at the Facility. The EPA Inspection Team observed two (2) trucks receiving maintenance during the time of the inspection. One truck was receiving maintenance outdoors approximately 50 feet from the maintenance shop and one truck was receiving maintenance in the enclosed truck maintenance shop. [refer to Appendix B, Photo Log (Photographs 4 and 52)]. The EPA Inspection Team did not observe any sediment nor erosion controls at the Page 5 of 9 Pollutant Sources Controls Spills/Leaks Handling Outside Shelters Evidence of nonstormwater sources/discharges (allowable if permitted under MSGP)? Evidence of process wastewater sources/discharges? Briones Towing and Wrecking - Stormwater Inspection 5/15/2024 All photos taken by Christopher Pardo, ERG SITE EVALUATION Note location, quantity/size, design issues, any O&M deficiencies (including the nature and extent), potential pollutants, and evidence of exposure to stormwater. Are BMPs in place to minimize or eliminate stormwater discharges from industrial activities? Facility. The EPA Inspection Team observed one (1) unprotected sediment/aggregate stockpile in the southern corner of the Facility leased by Delta Solid Waste [refer to Appendix B, Photo Log (Photograph 5)] and two (2) unprotected sediment mounds along the brick wall in the northwestern corner of the truck storage yard [refer to Appendix B, Photo Log (Photographs 39-40)]. The EPA Inspection Team did not observe any spill kits or spill prevention procedures for the oil spill located by the oil storage area [refer to Appendix B, Photo Log (Photographs 36, 37, 41-44, and 48-51)]. Temporary (Date Established N/A ) Permanent None observed or reported at the Facility. Evidence of non-stormwater sources/discharges was not observed during the inspection. Evidence of process wastewater sources/discharges was not observed during the inspection. OUTFALL, STORMWATER DISCHARGE & RECEIVING WATER OBSERVATIONS The EPA Inspection Team observed two (2) stormwater discharge points from the Facility: 1) Discharge Point #1 was in the southern corner of the Facility on the portion leased by Delta Solid Waste. Stormwater would convey downgradient to the south along a conveyance channel, which had been Number and description eroded along the eastern border of the Facility [refer to Appendix B, Photo of each potential Log (Photographs 14 and 16)]. Stormwater Discharge 2) Discharge Point #2 was in the central portion of the eastern border of the Point from the Facility Facility at a location where excess stormwater would overflow at the Facility fence line from the bare stormwater pooling area located approximately 50 feet southeast of the oil storage area [refer to Appendix B, Photo Log (Photographs 46 and 47)]. Discharge Point #2 is downgradient from the used oil storage area. Evidence of pollutants The EPA Inspection Team observed approximately 70 square feet of oil-stained Page 6 of 9 Briones Towing and Wrecking - Stormwater Inspection 5/15/2024 All photos taken by Christopher Pardo, ERG OUTFALL, STORMWATER DISCHARGE & RECEIVING WATER OBSERVATIONS migrating offsite (stains, ground within the used oil storage area at the northwestern corner of the Facility deposits, ponding) at [refer to Appendix B, Photo Log (Photographs 36, 37, 41-44, and 48-50)]. The EPA discharge points, into Inspection team observed evidence of oil-laden sediments from the spill migrating receiving waters or in downgradient towards the stormwater pooling area at Discharge Point #2 [refer MS4 to Appendix B, Photo Log (Photographs 38-40 and 45)]. The stormwater pooling area was darker in color than the surrounding sediment possibly due to the accumulation of used motor vehicle oil [refer to Appendix B, Photo Log (Photograph 46)]. Discharge Point #2 was located approximately 50 feet to the southeast of the used oil storage area. Evidence of Nonstormwater Discharges leaving site (authorized or unauthorized) Description of general gradients/slopes onsite, all apparent discharge points, and discharge pathway from Facility to Receiving Water or MS4 (storm drains, channel, swale, ditches, driveway, pipes, & etc.) The EPA Inspection Team observed a conveyance channel along the eastern border of the area leased by Delta Solid Waste. Accumulations of construction and demolition debris were deposited parallel to the conveyance channel. The EPA Inspection team observed accumulated concrete waste materials ranged in size from fine sediments to large boulder sized pieces approximately 2 feet in diameter. The EPA Inspection Team observed these fine sediments from concrete waste were absent from the eroded conveyance channel indicating possible offsite migration of fine concrete material at Discharge Point #1 [refer to Appendix B, Photo Log (Photograph 14 and 16)]. Evidence of non-stormwater discharges/sources was not observed during the inspection. The EPA Inspection Team observed that the ground surface throughout the Facility was mostly unpaved and was composed mainly of soil, gravel, and unconsolidated concrete waste. The EPA Inspection Team observed, in general, all areas of the Facility were graded downwards to the south/southeast towards the stormwater pooling area along the eastern boundary, which conveyed stormwater into Discharge Point #2, or to the conveyance channel at the southern corner, which conveyed stormwater to Discharge Point #1. Stormwater from the northwestern portion of the Facility, which included the maintenance shop and oil storage area, would convey toward Discharge Point #2. Stormwater from the rest of the Facility, which included the truck storage yard and the area leased by Delta Solid Waste, would convey to Discharge Point #1. The EPA Inspection Team observed stormwater from Discharge Point #1 conveyed into a wooded area located to the south of the Facility where an offsite channel runs southeast through the wooded area and into Golf Creek, which is located approximately 1,645' southeast of the Facility. SECTION III - AREAS OF CONCERN 1) At the time of the inspection, the EPA Inspection Team identified the following at the Facility: Page 7 of 9 Briones Towing and Wrecking - Stormwater Inspection 5/15/2024 All photos taken by Christopher Pardo, ERG a. The Facility is a storage yard owned by Juan Briones who has leased out the southeastern corner to Delta Solid Waste (SIC Code 4214 - Local Trucking with Storage or SIC Code 7538 - General Automotive Repair Shops). Both SIC Code 4214 and SIC Code 7538 are regulated under 40 C.F.R. 122.26 for stormwater discharges associated with industrial activity. b. The Facility conducts industrial operations outside and exposed to stormwater, including truck maintenance, truck dismantling, storage of roll-offs filled with construction and demolition debris, and storage of other construction materials, such as steel beams, wooden planks, and concrete cinder blocks. c. At the time of the inspection, the Facility did not have coverage under the 2021 Multi-General Stormwater Permit (MSGP) for Stormwater Discharges Associated with Industrial Activity. d. Due to the grading of the Facility, stormwater from areas used for industrial activities would drain south/southeast towards a conveyance channel that discharges to a wooded area to the south. Based off examinations of aerial imaging, discharged water into this wooded area will eventually convey, via offsite conveyance channel, into Golf Branch Creek. 2) The EPA Inspection Team observed: a. Sixteen (16) uncovered roll-off dumpsters in the southern corner of the Facility. The roll-offs contained construction and demolition debris and were in close proximity to Discharge Point #1 [refer to Appendix B, Photo Log (Photographs 5, 10-12, and 15)]. b. Evidence of two (2) truck dismantling operations within the Facility. In the southern portion of the truck storage yard, scrap body panels of a dismantled commercial truck were observed [refer to Appendix B, Photo Log (Photograph 20)]. In the northeastern corner of the truck storage yard, two partially dismantled commercial trucks were observed with exposed engine bays [refer to Appendix B, Photo Log (Photographs 32-34)]. c. Three (3) 55-gallon drums of hydraulic oil stored outside along the northern wall of the truck maintenance shop with no secondary containment [refer to Appendix B, Photo Log (Photographs 2 and 3)]. d. One (1) exposed 5-gallon bucket containing an unidentified waste fluid and six (6) uncovered 5gallon buckets of hydraulic fluid stored directly on the ground with no secondary containment in the eastern portion of the truck storage yard [refer to Appendix B, Photo Log (Photographs 26, 29 and 30)]. e. A used motor vehicle oil storage area located in the northeastern portion of the truck storage yard. The EPA Inspection Team observed two (2) 300-gallon IBC tote tanks, two (2) 55-gallon drums, ten (10) 5-gallon buckets, and additional oil containment pans/jugs, which were full or partially full of used oil. No secondary containment was observed. An oil spill measuring approximately 70 square feet surrounded the oil storage area. Additionally, five (5) of the oil filled buckets had no lids and the easternmost IBC tote tank's outer walls were covered in used oil possibly indicating it was overfilled [refer to Appendix B, Photo Log (Photographs 35-37, 41-44, and 48-50)]. No spill kits were observed. f. An uncovered concrete washout area, which measured approximately 400 square feet, was located approximately 200 feet away from Discharge Point #1 [refer to Appendix B, Photo Log (Photographs 6-8)]. g. Construction debris on the ground within the roll-off storage area and along the conveyance channel bordering the east of the Facility (refer to Appendix B, Photographs 9, 13, 14, 16). Page 8 of 9 Briones Towing and Wrecking - Stormwater Inspection 5/15/2024 All photos taken by Christopher Pardo, ERG h. One (1) unprotected sediment/aggregate stockpile in the southern corner of the Facility that is leased by Delta Solid Waste [refer to Appendix B, Photo Log (Photograph 5)] and two (2) unprotected sediment mounds along the brick wall in the northwestern corner of the truck storage area [refer to Appendix B, Photo Log (Photographs 39 and 40)]. i. One (1) uncovered roll-off dumpster containing scrap metals along the eastern portion of the Facility [refer to Appendix B, Photo Log (Photographs 22 and 23)]. j. Used tires, wheels, bumpers, lead-acid batteries, and other miscellaneous truck parts were stored on the ground or in trailers with no cover [refer to Appendix B, Photo Log (Photographs 22, 25, 29, 35, and 49-51)]. 3) The EPA Inspection Team identified possible migration of pollutants offsite: a. Evidence of the oil-laden sediments from the used oil storage area migrating downgradient towards the stormwater pooling area and Discharge Point #2. The stormwater pooling area was darker in color than the surrounding sediment possibly due to the accumulation of used motor vehicle oil [refer to Appendix B, Photo Log (Photographs 38-40 and 45-47)]. b. Evidence of concrete debris fines migrating offsite. Accumulations of miscellaneous construction debris and concrete waste were located parallel to the conveyance channel located in the southern corner of the Facility. Accumulated concrete waste materials ranged in size from fine sediments to large boulder sized pieces approximately 2 feet in diameter. The EPA Inspection Team observed these fine sediments from concrete waste were absent from the eroded conveyance channel indicating possible offsite migration of fine concrete material at Discharge Point #1 [refer to Appendix B, Photo Log (Photographs 14 and 16)]. SECTION IV - LIST OF APPENDICES Appendix A - Aerial Location Appendix B - Photograph Log Page 9 of 9