EPA v. AMERICAN CONCRETE PRODUCTS

Case summary

6/19/17 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. ALLEGATIONS: ON NOV 14, 2016, EPA, IN CONJUNCTION WITH MDEQ, PERFORMED A COMPLIANCE STORMWATER EVALUATION (CSWEI) AT RESPONDENT'S FACILITY TO EVALUATE RESPONDENT'S COMPLIANCE WITH THE REQUIREMENTS OF CWA 301; THE REGS PROMULGATED THEREUNDER AT 40 CFR 122.26, AND THE PERMIT. ON JAN 19, 2017, EPA ISSUED A CSWEI REPORT TO RESPONDENT. DURING THE CSWEI, EPA INSPECTORS OBSERVED THE FOLLOWING: A. THE FACILITY HAD OUTDOOR INDUSTRIAL PROCESSES, INCLUDING BUT NOT LIMITED TO, PROCESS EQUIPMENT, MATERIAL STORAGE, PRODUCT STORAGE, AND EQUIPMENT MAINTENANCE AND CLEANING ACTIVITIES WITH POTENTIAL EXPOSURE AND CONTRIBUTION TO STORMWATER CONTAMINATION. B. THE FACILITY IS A CONCRETE BLOCK MANUFACTURER (SIC CODE 3271) BUT HAS NOT SUBMITTED AN NOI FOR COVERAGE UNDER THE EXISTING PERMIT. IN ACCORDANCE WITH CWA 402(p), AND ITS IMPLEMENTING REGS, BASED ON THE CSWEI AND DUE TO THE HYDROLOGY OF THE FACILITY AND HISTORIC RAINFALL DATA, EPA HAS DETERMINED THAT FROM JAN 2011 TO DEC 2016, STORMWATER ASSOCIATED WITH INDUSTRIAL ACTIVITY GENERALLY TRAVELED IN A NORTH/NORTHEASTERLY DIRECTION AND DISCHARGED IN THE UNNAMED TRIBUTARY TO THE LEAF RIVER WHICH RUNS ALONG THE NORTHERN BORNER OF THE SITE. AGREEMENT ON CONSENT: A. RESPONDENT SHALL CEASE ALL UNAUTHORIZED DISCHARGES OF STORMWATER FROM INDUSTRIAL ACTIVITY FROM THE FACILITY TO WATERS OF THE U.S. WITHOUT A CWA NPDES PERMIT WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS AOC. B. IF RESPONDENT CHOOSES TO COMPLY BY CEASING ALL DISCHARGES, THE RESPONDENT SHALL: - SUBMIT A WORK PLAN TO EPA WITHIN 30 DAYS DETAILING THE STEPS RESPONDENT MUST TAKE TO CEASE DISCHARGING. THE WORK PLAN SHALL INCLUDE PROJECTED DATES FOR ACHIEVING MAJOR MILESTONES. THE WORK PLAN SHOULD ALSO INCLUDE ANY INTERIM CONTROLS NECESSARY TO PREVENT DISCHARGES OF INDUSTRIAL STORMWATER FROM THE FACILITY AND PROJECTED DATES FOR ESTABLISHING THOSE CONTROLS. THROUGHOUT RESPONDENT'S IMPLEMENTATION OF THE WORK PLAN, RESPONDENT SHALL SUBMIT A PROGRESS REPORT EVERY 30 DAYS TO EPA. EACH PROGRESS REPORT SHALL INCLUDE PHOTOGRAPHS AND A WRITTEN DESCRIPTION OF THE WORK COMPLETED SINCE THE PREVIOUS PROGRESS REPORT. THE PROGRESS REPORTS WILL ASSIST EPA IN DETERMINING WHETHER THE RESPONDENT IS ABATING THE UNLAWFUL DISCHARGES AND PREVENTING ADD'L DISCHARGES. C. IF RESPONDENT INTENDS TO COMPLY BY OBTAINING A CWA NPDES PERMIT THAT AUTHORIZES DISCHARGES, RESPONDENT SHALL: - REPORT TO EPA ON THE SUBMISSION OF A RMCNOI AND ASSOCIATED DOCS TO MDEQ WITHIN 60 DAYS AND SIMULTANEOUSLY SUBMIT A COPY OF THE NOI AND PROOF OF SUBMISSION TO EPA. - SUBMIT A COPY OF THE DEVELOPED SWPPP TO EPA WITHIN 60 DAYS. - SUBMIT TO EPA CONFIRMATION THAT THE RMCNOI SUBMITTED FOR THE FACILITY WAS DEEMED ACCEPTABLE TO MDEQ WITHIN 90 DAYS.

Defendants (1)

• AMERICAN CONCRETE PRODUCTSNamed in settlement

Facilities (1)

• AMERICAN CONCRETE PRODUCTS

  257 W.L.RUNNELS ROAD, HATTIESBURG, MS, 39401

  Registry ID: 110070001876

Statutes cited

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

Enforcement conclusions (1)

• AMERICAN CONCRETE PRODUCTSentered 2017-06-19

  Primary law: CWA

Timeline (4 milestones)

• 2017-06-19Final Order Issued
• 2017-06-27Enforcement Action Data Entered
• 2018-03-05Enforcement Action Closed
• 2018-03-05NPDES Closed