Document pv5GajpNLB6NjgYjjQ4GvGzj

U.S. EPA Headquarters Enforcement Division 1200 Pennsylvania Avenue NW, Washington, DC 20004 INDUSTRIAL FACILITY STORMWATER INSPECTION CHECKLIST Inspection Date Time on 5/13/2024 Time on 5/14/2024 Weather Conditions Media/Program May 13, 2024 (access denied) & May 14, 2024 (photos from public right-of-way) Entry: 2:15 PM Exit: 2:20 PM Entry: 3:45 PM Exit: 4:15 PM Weather conditions similar on both days - 80'sF and sunny Water - CWA 301, 402 - Industrial SW/NEC Operator Name: Facility or Site Name: Permit ID or Tracking #: SIC Code: 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: Tenbusch Inc. Tenbusch Inc. Unknown 5084 - Industrial Machinery and Equipment. Unverified, this is based on the description of services on the Facility's website (https://www.tenbusch.com/). 780-A North Kealy Avenue Lewisville, TX 75057 33.052338, -96.992383 780B N. Kealy Ave Lewisville, TX 75057 Dallas County Unknown since access was denied and there were no discussions with Facility representatives Unknown since access was denied and there were no discussions with Facility representatives Approximately 0.45 acres total with approximately 0.25 acres of outdoor activity Prairie Creek, approximately 300' north of the Facility, and unnamed tributary to Prairie Creek, directly south and east of the Facility Unknown since access was denied and there were no discussions with Facility representatives Onsite Representatives: Name: Al Tenbusch Title: Owner Email: info@tenbusch.com Authorized Official: Contacted? Yes No Name: Al Tenbusch Title: Owner Email: info@tenbusch.com Additional Personnel Participating in Inspection: Name: N/A Title: N/A Phone: (972) 221-2304 Phone: (972) 221-2304 Inspector(s): Taylor Fontaine Mariah Papac Ivy Koberlein Sharron Crayton Title: Lead Inspector Inspector Inspector Inspector Company: Eastern Research Group, Inc. Eastern Research Group, Inc. Environmental Protection Agency, Headquarters Environmental Protection Agency, Region 6 Page 1 of 5 Inspection Report Author: Name: Taylor Fontaine Supervisor Review: Name: Signature: Signature: Tenbusch Inc. - Stormwater Inspection May 13 - 14, 2024 All photos taken by Taylor Fontaine and Mariah Papac, ERG Date: June 26, 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 13, 2024, a U.S. Environmental Protection Agency (EPA) contractor, Eastern Research Group, Inc. (ERG), attempted to conduct an industrial stormwater non-filer inspection at Tenbusch Inc. (Tenbusch) located in Lewisville, Texas (Facility). Ivy Koberlein of EPA Headquarters, Sharron Crayton of EPA Region 6, and Taylor Fontaine and Mariah Papac of ERG (collectively, EPA Inspection Team) met with the Facility representative, Al Tenbusch. The EPA Inspection Team presented their credentials and 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. After the EPA Inspection Team presented their credentials, the Facility representative promptly denied access to the Facility and asked that the EPA Inspection Team leave the premises, which they did. The EPA Inspection Team returned on May 14, 2024 to take photographs from the public right of way. The weather on May 13th and 14th, 2024 was sunny and approximately 82F. According to precipitation data from the National Oceanic and Atmospheric Administration (NOAA)1, the Dallas, Texas area received 0.18 inches of rain the day prior to the inspection and 0.72 inches of rain the day of the initial inspection, on May 13th. There was only trace amounts of reported rainfall on May 14th. 2) Credentials presented to: Al Tenbusch 1Source: NOAA National Climatic Data Center (http://www.ncdc.noaa.gov/). Page 2 of 5 Tenbusch Inc. - Stormwater Inspection May 13 - 14, 2024 All photos taken by Taylor Fontaine and Mariah Papac, ERG 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...). According to the Facility's website, Tenbusch Inc. designs and manufactures heavy equipment for sale. Since the EPA Inspection Team was denied entry, the Team was unable to verify indoor and/or outdoor operations. Other industrial facilities owned/operated by same business entity? Yes x No Describe: N/A SECTION II - OBSERVATIONS Pollutant Sources SITE EVALUATION Note location, quantity/size, design issues, any operation and maintenance (O&M) deficiencies (including the nature and extent), potential pollutants, and evidence of exposure to stormwater. Are Best Management Practices (BMPs) in place to minimize or eliminate stormwater discharges from industrial activities? Loading/Unloading Operations This could not be completed/verified due to the denial of access to the Facility. Industrial Manufacturing/ This could not be completed/verified due to the denial of access to the Facility. Processing Operations Industrial Machinery & Equipment Storage From the public right-of-way, the EPA Inspection Team observed a forklift and four (4) cranes at the Facility [refer to Appendix B, Photograph Log (Photographs 11 through 13)]. Storage of Industrial Materials or Products Liquid Storage (e.g., Tanks, Liquid Storage Drums) From the public right-of-way, the EPA Inspection Team observed miscellaneous materials (e.g., metal piping) stored outside in uncovered piles [refer to Appendix B, Photograph Log (Photographs 3, 5, and 12)]. From the public right-of-way, the EPA Inspection Team observed four (4) 55-gallon drums containing unknown substances in the southwestern portion of the Facility. The EPA Inspection Team was unable to verify if the drums were located on pallets or staged and stored directly on the vegetative ground [refer to Appendix B, Photograph Log (Photograph 11)]. Waste Storage/Disposal Areas (solid and/or hazardous) This could not be completed/verified due to the denial of access to the Facility. Waste Treatment Facilities (e.g., Pretreatment This could not be completed/verified due to the denial of access to the Facility. Systems) Fueling Stations/Equipment Maintenance Areas & Cleaning Areas This could not be completed/verified due to the denial of access to the Facility. Page 3 of 5 Pollutant Sources Sediment & Erosion Controls Spills/Leaks Handling Outside Shelters Evidence of nonstormwater sources/discharges (allowable if permitted under MSGP)? Evidence of process wastewater sources/discharges? Tenbusch Inc. - Stormwater Inspection May 13 - 14, 2024 All photos taken by Taylor Fontaine and Mariah Papac, ERG SITE EVALUATION Note location, quantity/size, design issues, any operation and maintenance (O&M) deficiencies (including the nature and extent), potential pollutants, and evidence of exposure to stormwater. Are Best Management Practices (BMPs) in place to minimize or eliminate stormwater discharges from industrial activities? This could not be completed/verified due to the denial of access to the Facility. This could not be completed/verified due to the denial of access to the Facility. Temporary (Date Established___________________) Permanent This could not be completed/verified due to the denial of access to the Facility. Evidence of non-stormwater sources/discharges was not observed. This could not be completed/verified due to the denial of access to the Facility. OUTFALL, STORMWATER DISCHARGE & RECEIVING WATER OBSERVATIONS Number and description of each potential Stormwater Discharge Point from the Facility Evidence of pollutants migrating offsite (stains, deposits, ponding) at discharge points, into receiving waters or in MS4 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 This could not be completed/verified due to the denial of access to the Facility. This could not be completed/verified due to the denial of access to the Facility. None observed at the Facility. This could not be completed/verified due to the denial of access to the Facility. However, the EPA Inspection Team observed an unnamed tributary to Prairie Creek located directly to the south and east of the Facility [refer to Appendix B, Photograph Log (Photographs 4, 7, 8, 9, 14 through 17)]. Page 4 of 5 Tenbusch Inc. - Stormwater Inspection May 13 - 14, 2024 All photos taken by Taylor Fontaine and Mariah Papac, ERG OUTFALL, STORMWATER DISCHARGE & RECEIVING WATER OBSERVATIONS Receiving Water or MS4 (storm drains, channel, swale, ditches, driveway, pipes, & etc.) SECTION III - AREAS OF CONCERN 1) The EPA Inspection Team could not verify all areas due to the denial of access to the Facility. At the time of the inspection, the EPA Inspection Team identified the following at the Facility: a. The Facility is engaged in machinery manufacturing (SIC Code 5084 - Industrial Machinery and Equipment). b. The EPA Inspection Team observed an unnamed tributary to Prairie Creek located directly to the south and east of the Facility [refer to Appendix B, Photograph Log (Photographs 4, 7, 8, 9, 14 through 17)]. c. A facility search in the compliance database (Central Registry Query) maintained by the Texas Commission of Environmental Quality (TCEQ), yielded no search records for Tenbush Inc. Note: The searches included, but was not limited to the name, address, and county of the facility. SECTION IV - LIST OF APPENDICES Appendix A - Aerial Location Appendix B - Photograph Log Page 5 of 5