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The U.S. Environmental Protection Agency (“EPA”) and Bayshore Recycling Corp. (“Bayshore”) permit the Clean Water Act National Pollutant Discharge Elimination System (“NPDES”). See CWA-02-2022-3316.
CAFO indicates that Bayshore owns/operates a recycling facility (“Site”) on approximately 40 acres in Keathby, New Jersey.
Stormwater associated with industrial activity (“SIC 5093”) is said to be discharged from the site into eight outlets designated by the New Jersey Department of Environmental Protection, ultimately in Kinsey Creek, which eventually flow into the Raritan River. Such discharges are permitted in accordance with the NPDES Personal Permit.
EPA Region 2 is said to have conducted a compliance assessment inspection at the site on June 19, 2019.
CAFO indicates that EPA has identified the following license violations:
- At the time of the inspection, there was no drainage control plan at the site.
- Some Best Management Practices (“BMP”) were not properly maintained
- Site exceeded BMP design criteria for COD, TSS, BOD, Aluminum, Copper, Iron, Lead, and Zinc from Q3 2018 to Q1 2019 and no ratings were confirmed upon inspection. did.
- Significant erosion and deposition were observed around certain outlets
- Some of the site’s roll-off containers had evidence of leaks
- The observed roll-off container had no cover and showed evidence of exposure to rainwater from rainfall earlier in the day.
- Rainwater was exposed to raw materials in areas of the site
- Stormwater Pollution Control site map or horizontal markers used on site not seen
- At spout 5, we observed significant sediment accumulation in the spout structure.
- Scrap metal was observed to be stored outside the SP8A drain
- Three channels were observed in the buffer zone along Kinsey Creek, allowing sediment-laden rainwater to flow off-site and into Kinsey Creek.
- No buffer zone inspection reports observed
- There were no quarterly inspections to confirm
Bayshore filed its first response to the EPA Management Order on October 7, 2019, indicating corrective actions at the site it plans to implement. On December 6, 2019, Bayshore filed its first quarterly progress report as required by executive order. However, CAFO stipulates that the EPA issued her second executive order because Bayshore failed to meet certain deadlines for the executive order.
EPA determined that on November 10, 2021, Bayshore submitted sufficient information to address the remaining order provisions.
Bayshore does not endorse or deny the factual allegations and legal conclusions contained in CAFO.
A civil penalty of $25,000 will be imposed.
You can download a copy of CAFO here.