EPA v. SHERMAN-DIXIE CONCRETE INDUSTRIES, INC.

Case summary

11/7/13 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $28,000. PENALTY DUE WITHIN 30 DAYS. ON OCT 20, 2011, EPA AND TDEC PERFORMED AN INSPECTION AT RESPONDENT'S FACILITY TO EVALUATE THE TREATMENT AND DISPOSAL OF STORM WATER IN ACCORDANCE WITH THE CWA AND THE PERMIT. DURING THE INSPECTION, EPA OBSERVED THE FOLLOWING: A. THE EQUIPMENT WASHING AREA AND THE UNKNOWN CHEMICAL TANKS AREA CONTAINED MATERIAL AND DEBRIS ON THE GROUND WHICH MAY CONTRIBUTE POLLUTANTS TO STORM WATER DISCHARGES, IN VIOLATION OF THE PERMIT; B. THE SEDIMENT RETENTION BARRIER WAS COVERED WITH VEGETATION AND SEDIMENT, AND NEEDED MAINTENANCE AS REQUIRED BY THE PERMIT; C. THERE WERE NO RECORDS OF INSPECTIONS OF DESIGNATED EQUIPMENT AND AREAS AT A MINIMUM OF ONCE PER MONTH WHILE THE FACILITY WAS IN OPERATION, AS REQUIRED BY THE PERMIT. D. THERE WERE NO RECORDS OF ANNUAL EMPLOYEE TRAINING PROGRAMS FOR 2009 AND 2010 AS REQUIRED BY THE PERMIT. E. THERE WERE NO ANNUAL NON-STORM WATER DISCHARGE CERTIFICATIONS FOR 2009 AND 2010, AS REQUIRED BY THE PERMIT. F. THERE WERE NO RECORDS OF ANNUAL COMPREHENSIVE SITE COMPLIANCE EVALUATIONS FOR 2009 AND 2010, AS REQUIRED BY THE PERMIT. G. THERE WERE NO RECORDS OF MONITORING RESULTS OF EACH OUTFALL ASSOCIATED WITH INDUSTRIAL ACTIVITY FOR 2009 AND 2010 AS REQUIRED BY THE PERMIT. H. THERE WERE NO RECORDS OF QUARTERLY VISUAL EXAMINATIONS OF STORM WATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY FROM EACH OUTFALL SINCE JUNE 2009 AS REQUIRED BY THE PERMIT.

Defendants (1)

• SHERMAN-DIXIE CONCRETE INDUSTRIES, INC.Named in complaintNamed 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 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• SHERMAN-DIXIE CONCRETE INDUSTRIES, INC.entered 2013-11-07

  Primary law: CWA

  Federal penalty: $28,000

Timeline (5 milestones)

• 2013-11-07Complaint Filed/Proposed Order
• 2013-11-07Final Order Issued
• 2013-12-02Enforcement Action Closed
• 2013-12-02NPDES Closed
• 2013-12-12Enforcement Action Data Entered