EPA v. CONCRETE SUPPLY COMPANY, LLC, SOUTH PLANT, NORTH CAROLINA

Case summary

JULY 12, 2023 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT On May 30, 2019, EPA, in conjunction with NCDEQ, performed a Construction Stormwater Enforcement Inspection (CSWEI) at the South Plant to evaluate Respondent?s compliance with the requirements of Section 301 of the CWA, 33 U.S.C. ? 1311; the regulations promulgated thereunder at 40 C.F.R. ? 122.26; and the 2017 NC Permit. Based on its observations at the Facility, the EPA has determined this Facility?s stormwater associated with industrial activity generally discharges from the Facility through a drainage ditch and outfall to Kings Branch. On August 14, 2019, the EPA issued an Inspection Report to Respondent. On January 8, 2020, EPA issued the Notice of Violation and an Opportunity to Show Cause to Respondent, pursuant to Section 309(a) of the CWA, 33 U.S.C. ? 1319(a). April 20, 2020, the EPA held, and Respondent participated in, a show cause meeting via teleconference. On June 11, 2020, Respondent filed Response to EPA Notice of Violation and an Opportunity to Show Cause-South Plant (?CSC Response?) as a supplement to evidence presented at the Show Cause Hearing, denying certain findings and conclusions in the Notice of Violation and Opportunity to Show Cause issued by EPA. As part of the CSC Response, Respondent provided EPA with a copy of a SPPP dated April 15, 2012 as the most current version of the Facility?s SPPP. Based on the CSWEI and information received at and following the show cause meeting, the EPA determined that Respondent committed the following violations of Section 301 of the CWA, 33 U.S.C. ? 1311, its implementing regulations at 40 C.F.R. ? 122.26, and the 2017 NC Permit. Therefore, the EPA alleges that Respondent has violated Section 301 and 402(p) of the CWA, 33 U.S.C. ?? 1311 and 1342(p), at its South Plant by failing to comply with the conditions of the 2017 NC Permit.

Defendants (1)

• CONCRETE SUPPLY COMPANY, LLC, SOUTH PLANTNamed in settlement

Facilities (1)

• CONCRETE SUPPLY CO-S PLANT

  400 MINUET LN, CHARLOTTE, NC, 28210

  Registry ID: 110009717066

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• CONCRETE SUPPLY COMPANY, LLC, SOUTH PLANT, NORTH CAROLINAentered 2023-07-12

  Primary law: CWA

Timeline (2 milestones)

• 2023-07-12Final Order Issued
• 2023-10-11Enforcement Action Data Entered