Document zzmpRZOpme6eyeJkaxBbbpq67

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6 1445 ROSS AVENUE, SUITE 1200 DALLAS, TEXAS 75202-2733 January 7, 2013 CERTIFIED MAIL-RETURN RECEIPT REQUESTED: 7007 3020 0002 5102 1707 Mr. Ralph Hoffman General Manager Kinney Brick Company 100 Prosperity, SE Albuquerque, NM 87103 Re: Administrative Order, Docket Number: CWA-06-2013-1727 NPDES Facility Number: NMU001816 Dear Mr. Hoffman: Enclosed is an Administrative Order (AO) issued to Kinney Brick Company for violation of the Clean Water Act (CWA) 33 U.S.C. 1251-1387. Violations were identified during an October 31, 2012, inspection of your Albuquerque, New Mexico, brick manufacturing facility, conducted by the New Mexico Environment Department on behalf ofthe Environmental Protection Agency (EPA). The violations were discussed with you at the time of the inspection. The violations alleged include, but are not limited to, the following: a) Failure to install best management practices to control off-site storm water discharges; b) failure to develop and implement a Storm Water Pollution Prevention Plan; and c) failure to submit a Notice of Intent for coverage under the Storm Water Multi-Sector General Permit. In addition, between January 1, 2010 and November 1, 2012, there were eight (8) rain events of one-half inch or gTeater at the facility, which resulted in a discharge of pollutants from the site into waters of the United States. This AO does not assess a monetary penalty; however, it does require compliance with applicable federal regulations. The first compliance deadline is within thirty days of receipt of this AO. The AO also contains other compliance deadlines and information demands. The EPA is committed to ensuring compliance with the requirements ofthe National Pollutant Discharge Elimination System (NPDES) progTam, and my staff will assist you in any way possible. Please reference AO Docket Number CWA-06-2013-1727 and NPDES Facility Number NMU001816 on your response. Re: Administrative Order 2 Kinney Brick Company Also enclosed is an "Information Sheet" relating to the Small Business Regulatory Enforcement Fairness Act and a "Notice of Registrant's Duty to Disclose" relating to the disclosure of environmental legal proceedings to the Securities and Exchange Commission. If you have any questions, please contact Mr. Everett H. Spencer, of my staff, at (214) 665-8060. Sincerely, Director Compliance Assurance and Enforcement Division Enclosure cc: Mr. James Hogan Acting Bureau Chief Surface Water Quality Bureau New Mexico Environment Department P.O. Box 5469 Santa Fe, NM 87502-5469 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 1445 Ross Avenue, Suite 1200, Dallas, TX 75202 Docket Number: CWA-06-2013-1727, NPDES Facility Number: NMU001816 FlNDINGS OF VIOLATION, COMPLiANCE ORDER, AND INFORMATION DEMAND STATUTORY AUTHORITY The following fmdings are made and Order issued under the authority vested in the Administrator of the United States Enviromnental Protection Agency ("EPA"), by Sections 308 and 309(a) of the Clean Water Act ("the Act"), 33 U.S.C. 1318 and 1319(a). The Administrator delegated the authority to issue this Order to the Regional Administrator of EPA Region 6, who further delegated this authority to the Director of the Compliance Assurance and Enforcement Division. FINDINGS 1. Kinney Brick Co. ("Respondent") is a "person," as defined by Section 502(5) of the Act, 33 U.S.C. 1362(5). 2. At all times relevant to the violations alleged herein, Respondent owned or operated Kinney Brick Company, a brick manufacturing facility, located at 100 Prosperity, Southeast, in Albuquerque, Bernalillo County, New Mexico ("facility") and was, therefore, an "owner or operator." The mailing address for Respondent is P.O. Box 1804, Albuquerque, NM 87103. 3. At all times relevant to this Order, the facility acted as a "point source" of a "discharge" of "pollutant[s]" as defined by Section 502(12) & (14), 33 U.S.C. 1362(12) & (14), into the receiving waters of the Albuquerque Municipal Separate Storm Sewer System ("MS4"), thence to the Rio Grande, which are considered "waters of the United States," as defined by 40 C.P.R. 122.2. As a result, Respondent and facility were subject to the Act and the National Pollutant Discharge Elimination System ("NPDES") program. 4. The facility is an industry identified under 40 C.F.R. 122.26(b)(14)(ii) operating under Standard Industrial Classification (SIC) Code 3251 and is subject to the General Permit for Storm Water Discharges Associated with Industrial Activity issued by the EPA on September 29, 2008. 5. On October 31, 2012, the facility was inspected by New Mexico Enviromnent Department storm water inspectors on behalf of EPA. As a result of this inspection, the facility was found to be in violation of Section 301 of the Act, 33 U.S.C. 1311. 6. The facility began operations defined as industrial activity in 2000, which continued throughout the time period relevant to this action. 7. According to the EPA Storm Water Processing Center database that records all applications for storm water general permit coverage, Respondent did not submit a Notice of Intent ("NOI") for permit coverage for its activities at the facility and was not covered by a NPDES permit at the relevant times for the relevant activities. During the time period of January 1, 2010 through November I, 2012, there were eight (8) rain events of one-half (Yz) inch or greater at the facility. Each day of discharge without NPDES permit coverage was a violation of Section 301 of the Act, 33 u.s.c. 1311. SECTION 309(a)(3) COMPLIANCE ORDER Based on these fmdings and pursuant to the authority of Section 309(a)(3) of the Act, 33 U.S.C. 1319(a)(3), EPA hereby orders the Respondent to take the following actions: A. Within thirty (30) days of the effective date of this Order, Respondent shall apply for NPDES permit coverage, either by filing an individual permit application or an NOI to be covered by an applicable NPDES general permit for discharges from the facility, or cease and prevent all unpermitted discharges from the facility. The NOI should be submitted by one of the following methods: 1) By regular mail to: Storm Water Notice Processing Center U.S. EPA, MC 4203M 1200 Pennsylvania Avenue, NW Washington, DC 20460 2) By overnigh1fexpress mail to: Storm Water Notice Processing Center U.S. EPA, Room 7420 1201 Constitution Ave., NW Washington, DC 20004 3) Via the internet at: http://cfpub.epa.gov/npdes/stormwater/enoi For a status update on your NOI, call the NOI Center at (866) 352-7755. Docket No. CWA-06-2013-1727 Page2 B. Within thirty (30) days of the effective date of this Order, Respondent shall submit to EPA a certified copy of the NOI for coverage under the Permit submitted to the EPA NOI Processing Center. C. Within thirty (30) days of the effective date of this Order, the Respondent shall develop and implement sitespecific best management practices to prevent additional discharges of pollutants to the Albuquerque MS4 conveyance and the Rio Grande. D. Within thirty (30) days of the effective date of this Order, Respondent shall develop and implement a Storm Water Pollution Prevention Plan ("SWPPP") tailored specifically for the site located at I00 Prosperity, SE, in Albuquerque, New Mexico. The SWPPP should detail best management practices, inspections, benchmark sampling and analysis, and other measures taken to reduce or eliminate the discharge of pollutants. Respondent shall submit a copy of the SWPPP to EPA for review. Guidance in developing the SWPPP may be found via the internet at: www.epa.gov/npdes/stormwater/swppp. SECTION 308 INFORMATION DEMAND Based on the foregoing Findings and pursuant to the authority of Section 308 of the Act, 33 U.S.C. 1318, Respondent is required to do the following: A. Within thirty (30) days of the effective date of this Order, the Respondent shall submit a written certification of compliance with this Order to the EPA, Region 6. All correspondence should be addressed to: Mr. Everett H. Spencer Water Enforcement Branch (6EN-WM) U.S. EPA, Region 6 1445 Ross Ave., Suite 1200 Dallas, TX 75202-2733 GENERAL PROVISIONS Respondent may seek federal judicial review of the Order pursuant to Chapter 7 of the Administrative Procedure Act, 5 U.S.C. 701-706. Section 706, which is set forth at htto://uscode.house.gov/download/pls/05C7.txt, states the scope of such review. Issuance of this Section 309(a)(3) Compliance Order and the Section 308 Information Demand shall not be deemed an election by EPA to waive any administrative or judicial, civil, or criminal action to seek penalties, fines, or other relief under the Act for the violations cited herein, or other violations that become known to EPA. EPA reserves the right to seek any remedy available under the law that it deems appropriate. Failure to comply with this Section 309(a)(3) Compliance Order, or the Section 308 Information Demand, or the Act can result in further administrative action, or a civil judicial action initiated by the U.S. Department of Justice. Compliance with the terms and conditions of this Order does not relieve the Respondent of its obligation to comply with all applicable federal, state, or local laws or regulations. The effective date of this Order is the date it is received by the Respondent. January 7, 2013 Date .--,~f" Director Compliance Assurance and Enforcement Division