OCWAP Enforcement Action Summary:
Siuslaw Automotive and Towing
OCWAP reviewed Siuslaw Automotive and Towing’s water quality file at the DEQ’s Eugene office in May of 2005 and discovered that Siuslaw Automotive and Towing’s stormwater pollution control plan (SWPCP) was seriously deficient and that it had repeatedly failed to comply with the reporting provisions of its permit (and presumably the monitoring provisions as well). OCWAP initiated an enforcement action against Siuslaw Automotive and Towing concerning these violations on behalf of Sierra Club in October of 2005. Siuslaw’s violations and OCWAP’s enforcement action on behalf of Sierra Club are described in more detail below.
Stormwater Pollution Control Plan Deficiencies
Following below are some of the minimum requirements for SWPCPs under Siuslaw Automotive and Towing’s Clean Water Act permit:
- a description of the industrial activities conducted at the site;
- a description of the significant materials that are stored, used, treated and/or disposed of in a manner that allows exposure to stormwater;
- a description of the methods of storage, usage, treatment and/or disposal of significant materials;
- a description of stormwater best management practices employed at the facility;
- a description of spill prevention and response procedures;
- a description of a preventative maintenance program that ensures the effective operation of all stormwater best management practices;
- a description of an employee orientation and education program to inform personnel of the components and goals of the SWPCP.
As can be seen by viewing the one page SWPCP on file for Siuslaw Automotive and Towing at the DEQ’s Eugene office, Siuslaw Automotive and Towing’s plan does not meet any of these requirements.
Reporting Violations
Siuslaw Automotive and Towing’s Clean Water Act permit requires submittal of monitoring results for the previous “monitoring year” (July 1 to June 30) to the the DEQ on July 15 each year. Prior to OCWAP’s enforcement action against Siuslaw Automotive and Towing, Siuslaw had submitted monitoring results to the DEQ just twice since first obtaining permit coverage in July of 1999, when results should have been submitted five times according to Siuslaw’s permit.
Monitoring Violations
Siuslaw Automotive and Towing’s Clean Water Act permit requires grab sampling of stormwater discharges twice per year, and visual monitoring once per month. Based on documents submitted to the DEQ by Siuslaw, it appears that Siuslaw has conducted grab sampling four times since obtaining permit coverage in 1999 (when grab samples should have been taken at least twelve times since 1999). With regard to monthly visual monitoring, documents submitted to the DEQ by Siuslaw indicate that Siuslaw has conducted visual monitoring twelve times since 1999, when visual monitoring should have taken place at least sixty times.
Enforcement Action
In October of 2005, OCWAP sent Siuslaw Automotive and Towing a letter on behalf of Sierra Club that notified Siuslaw of the Clean Water Act violations uncovered by OCWAP and of the need for Siuslaw to take corrective action in order to avoid further enforcement by OCWAP on behalf of Sierra Club. While this letter appears to have prompted Siuslaw to conduct grab sampling on December 7, 2005 (its first grab sample since April of 2003), Siuslaw failed to address the deficiencies in its stormwater pollution control plan and its history of reporting and monitoring violations. This failure on Siuslaw’s part prompted OCWAP to file a Clean Water Act enforcement suit against Siuslaw on behalf of Sierra Club on April 4, 2006. This lawsuit is ongoing at present, and this page will be updated as the suit progresses.
