The RT Review

During the fall, there was focus on impact- ed stormwater penalties, both at a rail site in Washington State, owned and operated by BNSF, and at RT Review/Press Time, at Lafarge North America Inc Facilities, in Alabama, Colorado, Georgia, Maryland, and New York. In both instances, which involved Federal Court complaints, there were inade- quate or missing records, and inadequate stormwater management practices, as well as some violations of effluent limitations.

 

The facilities involved were:

- A Rail Yard
- Ready Mix Concrete Plants.

- Sand and Gravel Facilities.

- Asphalt Plants.

 

It should be noted that in some instances, individual facilities may or may not need stormwater permits, depending on the individual site conditions.

 

The pattern involving stormwater penalties, is at many sites reported to date, companies have promised under their Stormwater Management Pollution Prevention Plan, to

implement certain Best Management Practices, but when inspections occur, record keeping, inspections of Best Management Practices, and/or test results, indicate that promises were not being kept.

 

In the BNSF case in Washington, an environmental group was involved in the com- plaint, while in the instance of Lafarge, the EPA noticed the company of the violations. Lafarge has made significant improvements to its stormwater management systems, since the complaints were made. For more infor- mation on the Lafarge case, go to http://7thspace.com/headlines/400981/usdoj_l afarge_north_america_inc_agrees_to_pay_74 0000_penalty_to_resolve_clean_water_act_vi olations_in_five_states.html. For more infor- mation on the BNSF case, go to http://www.martenlaw.com/newsletter/20111004-wash-stormwater-cwa-violations.

 

(Excerpts from 7th Space Interactive Article – December 2011)