Copies of the Stormwater Permit and the associated Stormwater Pollution Prevention Plan (SWPPP) were not on the site as required. It was also noted that polyacrylamide (PAM) was used on an area that discharged to wetlands and the creek without notice or approval from the DOE.
Water quality monitoring conducted by LRI identified some problems associated with turbidity originating in and around the mitigation wetlands. Slopes within the stormwater pond were bare and had a high potential to continue eroding without the implementation of additional erosion and sediment control activities.
Violations of the Stormwater Permit and turid stormwater discharges to waters of the state in excess of water quality standards are violations of the Washington State Waster Pollution Control Law (RCW 90.48.080) which states in part: "Discharge of polluting matter in waters prohibited. It shall be unlawful for any person to throw, drain, run, or otherwise discharge into any of the waters of this state, or to cause, permit or suffer to be thrown, run, drained, allowed to seep or otherwise discharged into such water any organic or inorganic matter that shall cause or tend to cause pollution of such waters according to the determination of the department..."1. LRI was given 14 days to submit to the DOE an updated copy of the SWPPP, including the use of PAM as a soil stabilizer. The use of PAM has been permitted on an experimental basis with the Department of Transportation. Their guidelines allow PAM to be used as a soil stabilizer only on areas that discharge to a stormwater pond.
2. LRI was instructed to immediately discontinue the use of PAM until #1 above is satisfied.3. LRI is to immediately conduct water quality monitoring following all storm events with greater than one inch of rain in a 48 hour period or at least once a week in the absence of such storm events. This sampling will continue until the DOE specifies in writing that it is no longer necessary.
4. Within 14 days LRI is to install erosion prevention matting or some other best management practices to the inside slopes of the stormwater pond to minimize soil erosion.5. Immediately make a copy of the Stormwater Permit and SWPPP available at the site.
Failure to complete these requirements could result in the DOE taking a formal enforcement action which could include penalties of up to $10,000 per day per violation.In the Dispatch Newspaper January 5, 2000, it was stated by LRI that these are minor issues. We don't think so.
The DOE should be contacted to be sure these concerns are being taken care of and in what manner. According to the Dispatch, Sue Mauerman of the DOE stated there was no deadline for action to be taken by LRI. Then what does "immediately" and "within 14 days" mean? Contact Ms. Mauerman and ask her at (360)407-6307 FAX (360)407-6305 or e-mail smau461@ecy.wa.gov