EPA v. SHERMAN-DIXIE CONCRETE INDUSTRIES, INC.

Case summary

9/26/2012 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: ON OCTOBER 20, 2011, THE EPA AND TDEC PERFORMED AN INSPECTION OF RESPONDENT'S FACILITY TO EVALUATE THE TREATMENT AND DISPOSAL OF STORM WATER IN ACCORDANCE WITH THE CWA AND THE PERMIT. ORDER REQUIRES: IMMEDIATELY UPON RECEIPT OF THIS AOC: A. INSTILL GOOD HOUSEKEEPING PRACTICES AT THE EQUIPMENT WASHING AREA AND THE UNKNOWN CHEMICAL TANKS ARA AS REQUIRED BY SECTION 11.E.3.2.3.1 OF THE PERMIT. B. MAINTAIN THE SEDIMENT BARRIER AS REQUIRED BY SECTION 11.3.3.2.3.2 OF THE PERMIT. C. BEGIN INSPECTIONS OF DESIGNATED EQUIPMENT AND AREAS AT A MINIMUM OF ONCE PER MONTH WHILE THE FACILITY IS IN OPERATION, AND KEEP RECORDS, AS REQUIRED BY SECTION 11.E.3.2.3.4 OF THE PERMIT. D. BEGIN ANNUAL EMPLOYEE TRAINING PROGRAMS AND KEEP RECORDS, AS REQUIRED BY SECTION 11.E.3.2.3.5 OF THE PERMIT. E. TEST OR EVALUATE FOR THE PRESENCE OF NON-STORM WATER DISCHARGES, AND CERTIFY ANNUALLY, AS REQUIRED BY SECTION 11.3.3.2.3.7.1 OF THE PERMIT. F. CONDUCT A COMPREHENSIVE SITE COMPLIANCE EVALUATION AT LEAST ONCE PER YEAR, AND KEEP RECORDS, AS REQUIRED BY SECTION 11.E.3.2.4 OF THE PERMIT. G. CONDUCT MONITORING OF EACH OUTFALL ASSOCIATED WITH INDUSTRIAL ACTIVITY, AND KEEP RECORDS, AS REQUIRED BY SECTION 11.3.5.2 OF THE PERMIT. H. CONDUCT QUARTERLY VISUAL EXAMINATIONS OF STORM WATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY FROM EACH OUTFALL, AND KEEP RECORDS, AS REQUIRED BY SECTION 11.E.5.3 OF THE PERMIT. WITHIN THIRTY (30) DAYS OF THE EFFECTIVE DATE OF THIS AOC, SUBMIT DOCUMENTATION THAT THE REQUIREMENTS OF THIS AOC HAVE BEEN MET. RESPONDENT VIOLATED SECTIONS 301 AND 402(p) OF THE CWA, BY FAILING TO COMPLY WITH THE PERMIT.

Defendants (1)

• SHERMAN-DIXIE CONCRETE INDUSTRIES, INC.Named in settlement

Facilities (2)

• SHERMAN DIXIE CONCRETE INDUSTRIES, INC.

  3641 CENTRAL PIKE, HERMITAGE, TN, 37076

  Registry ID: 110043993088

• SHERMAN DIXIE CONCRETE INDUSTRIES, INC.

  3641 CENTRAL PIKE, HERMITAGE, TN, 37076

  Registry ID: 110043993088

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• SHERMAN-DIXIE CONCRETE INDUSTRIES, INC.entered 2012-09-26

  Primary law: CWA

Timeline (4 milestones)

• 2012-09-26Final Order Issued
• 2012-09-29Enforcement Action Data Entered
• 2013-01-01Enforcement Action Closed
• 2013-01-01NPDES Closed