KAG West, a petroleum transport and delivery facility in Tacoma, Washington, agreed to pay $133,225 to settle allegations KAG violated its stormwater permit.  According to the Consent Agreement with EPA, KAG allegedly violated its stormwater permit by failing to:

  • install and/or maintain Best Management Practices (BMPs) to reduce stormwater pollution,
  • immediately cleanup spills,
  • use secondary containment to contain spills,
  • follow sampling and monitoring procedures,
  • file required annual reports, and
  • train its employees on the company’s stormwater pollution prevention plan (SWPPP).

General Permit for Stormwater
KAG does not have a facility-specific stormwater discharge permit; rather, the facility is subject to the Industrial Stormwater General Permit (ISGP) issued by the Washington Department of Ecology (WDOE), whose requirements include preparation of and compliance with a SWPPP.

EPA Investigation Noted Numerous Violations
An EPA inspection showed a failure to comply with the SWPPP and other provisions of the ISGP.  For example, KAG could not provide the inspectors with required documentation showing it had trained its employees on the SWPPP, nor could KAG provide documentation that it had sampled its stormwater and submitted to WDOE required annual reports.  Also, it was apparent to the investigators that KAG was not complying with ISGP requirements relating to spill containment and response, covering dumpsters, and maintaining drains.

Stormwater Permit Compliance Requires Regular Attention
The case is a reminder that compliance with stormwater permits requires more than just having a SWPPP (often prepared by a third-party consultant).  Storms are irregular events and stormwater permit compliance may not be a day-to-day activity.  Management must regularly review and identify stormwater permit requirements, so that employees are prepared when stormwater permit actions become necessary.

To see EPA’s news release about the settlement, which contains a link to the Consent Agreement https://www.epa.gov/newsreleases/epa-settles-stormwater-case-kag-west-tacoma