Violation 5. The Prosecution Team alleges that the Discharger violated Construction General Permit Attachment E, section I.3(a), (e) and (g) by failing to ensure that a QSP visually observe (inspect) the Site within two business days (48 hours) after each qualifying rain event and inspect within two business days (48 hours) prior to each qualifying rain event. The post rain event inspections are to identify whether BMPs were adequately designed, implemented, and effective, and to identify additional BMPs needed and revise the SWPPP. In addition, or in the alternative, the Prosecution Team alleges that the Discharger violated Construction General Permit Attachment E, section I.4 by failing to collect storm water grab samples from locations defined in Attachment E, section I.5, that were representative of the discharge, analyze the effluent samples, and electronically submit all sampling results to the State Water Board. From July 1, 2020, to May 10, 2021, the Prosecution Team alleges there were 18 qualifying rain events, each of which required a pre-storm, during storm, and post- storm inspection resulting in 54 inspections the Discharger allegedly failed to perform and may have required water quality sampling and analyses.
Violation 5. On November 9, 2015, Lehigh violated the CDO by discharging approximately 28,300 gallons of Facility runoff to Permanente Creek with concentrations of turbidity above the numeric interim effluent limits in the CDO.
Violation 5. The Permittee failed to appoint a Qualified SWPPP Practitioner (QSP) and ensure all BMPs required by the Construction General Permit were implemented by the QSP and that all inspections, maintenance repairs and sampling activities were performed or supervised by the QSP. Staff determined this violation occurred from the construction start date on July 31, 2017 and continued until August 16, 2018, for a total of 382 days. The QSP for the project was hired and completed his first inspection for the site on August 17, 2018. The QSP is required to ensure that the BMPs listed in the SWPPP are implemented correctly, and to conduct inspections required by the permit. These inspections are performed to identify and record BMPs that need maintenance to operate effectively, that have failed or that could fail to operate as intended, and to identify any additional BMPs necessary and revise the SWPPP accordingly. The failure to retain a QSP or ensure all required actions of the QSP were performed from July 31, 2017 to August 17, 2018 is a violation of Construction General Permit Section I.F.44, Section VII.B.3, and Attachment D, Sections G.1-2 and I.3.
