EPA v. ARCHER WESTERN CONSTRUCTION, LLC

Case summary

20210121 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $90,500. RESPONDENT SHALL MAKE PAYMENT WITHIN 30 DAYS. ALLEGED VIOLATIONS: On December 13, 2018, the EPA performed a Compliance Stormwater Evaluation Inspection (CSWEI) to evaluate Respondent's treatment and disposal of stormwater at the Facility and assess compliance with the CWA, the regulations promulgated thereunder at 40 C.F.R. ? 122.26, and the Permit. As a result of the CSWEI, the EPA has determined that stormwater associated with industrial activities discharged without proper authorization under the Permit. The EPA anticipates potential discharges from an industrial site to occur with rain events greater than 0.1 inch. According to the rain data available from a local weather station, twenty-six(26) months during the period of October 2017 to November 2019 have had one or more daily rain events greater than 0.5 inches. Due to the hydrology of the Facility, which flows southwest and northwest depending on the location, the EPA has determined that from October 2017 to November 2019, discharges occurred to the City of Spartanburg's Municipal Separate Storm Sewer System and the Fairforest Creek through a point source at the southwest side of the Facility and from the northwest side of the Facility. Fairforest Creek is a tributary to the Tyger River, a traditionally navigable water of the United States as defined by Section 502(7) of the CWA, 33 U.S.C. ? 1362(7) and its implementing regulations at 40 C.F.R. ? 122.2. Based on the CSWEI and review of additional information provided by Respondent, Respondent has violated Section 301 ofthe CWA, 33 U.S.C. ? 1311, due to discharges not authorized by a NPDES permit. Specifically, the EPA alleges the following violations: The Facility operated a concrete mixing facility, identified by primary SIC Code 3273, without submitting an NOi for coverage under the Permit or obtaining a No Exposure Certification in violation of Section 301 of the CW A, 3 3 U.S. C. ? 131 1. Facility activities resulted in unpermitted discharges of stormwater. Industrial activities with the potential to contribute to these unpermitted discharges included storage of unconsolidated materials such as aggregate, sand, and broken dry concrete outside in mounds without cover; material staging area; and liquid storage with secondary containment.

Defendants (1)

• ARCHER WESTERN CONSTRUCTION, LLCNamed in complaintNamed in settlement

Facilities (1)

• ARCHER WESTERN CONSTRUCTION, LLC (TRAILER AT METROMONT CORP SITE)

  425 SIMUEL ROAD, SPARTANBURG, SC, 29303

  Registry ID: 110070505868

Statutes cited

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

Enforcement conclusions (1)

• ARCHER WESTERN CONSTRUCTION, LLCentered 2021-01-21

  Primary law: CWA

  Federal penalty: $90,500

Timeline (3 milestones)

• 2021-01-21Complaint Filed/Proposed Order
• 2021-01-21Final Order Issued
• 2021-02-25Enforcement Action Data Entered