EPA v. VULCAN CONSTRUCTION MATERIALS, LLC

Case summary

11/20/20 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $68,000. RESPONDENT SHALL MAKE PAYMENT WITHIN 30 DAYS. ALLEGED VIOLATIONS: As a result of the CEIs, the follow-up visit, and its review of additional information provided by Respondent, the EPA alleges that there were discharges of pollutants from the Facility into waters of the United States within the meaning of Section 502(12) of the CWA, 33 U.S.C. ? 1362(12), and without an NPDES permit pursuant to Section 402 of the CWA, 33 U.S.C. ? 1342, and its implementing regulations. Based on the CEIs and review of additional information, EPA alleges that Respondent has violated Section 301 of the CWA, 33 U.S.C. ? 1311, due to these discharges not authorized by an NPDES permit. Specifically, the EPA alleges that based on the Facility?s hydrology and historic rainfall data, Respondent discharged pollutants from a point source located near the base of the waste material pile along the southwest border of the Facility into the Flint River, and that this point source was not identified in the Facility?s Wastewater and Stormwater Permits, or in any NPDES applications, pursuant to Section 402 of the CWA, 33 U.S.C. ? 1342, and its implementing regulations.

Defendants (1)

• VULCAN CONSTRUCTION MATERIALS, LLCNamed in complaintNamed in settlement

Facilities (1)

• FLORIDA ROCK INDUSTRIES, INC. (FOREST PARK QUARRY)

  225 LEES MILL RD, FOREST PARK, GA, 30297

  Registry ID: 110002009816

Statutes cited

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

Enforcement conclusions (1)

• VULCAN CONSTRUCTION MATERIALS, LLCentered 2020-11-10

  Primary law: CWA

  Federal penalty: $68,000

Timeline (5 milestones)

• 2020-11-10Complaint Filed/Proposed Order
• 2020-11-10Final Order Issued
• 2020-11-16Enforcement Action Closed
• 2020-11-16NPDES Closed
• 2020-12-04Enforcement Action Data Entered